[Rev. 3/18/2013 2:01:57 PM]

Link to Page 420

 

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ê1997 Statutes of Nevada, Page 421 (Chapter 157, SB 240)ê

 

      Sec. 94.  1.  This section and section 93 of this act become effective upon passage and approval.

      2.  Sections 1 to 92, inclusive, of this act become effective on October 1, 1997.

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CHAPTER 158, SB 102

Senate Bill No. 102–Committee on Judiciary

CHAPTER 158

AN ACT relating to juveniles; requiring certain school officials to be notified concerning juveniles who have committed certain sexual offenses; prohibiting such juveniles from attending the same school as a victim under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 17, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Private school” has the meaning ascribed to it in NRS 394.103, unless the school or educational program is conducted exclusively for children who have been adjudicated delinquent.

      Sec. 4.  “Public school” has the meaning ascribed to it in NRS 385.007, unless the school or educational program is conducted exclusively for children who have been adjudicated delinquent.

      Sec. 5.  “Sexual offense” means:

      1.  Sexual assault pursuant to NRS 200.366;

      2.  Battery with intent to commit sexual assault pursuant to NRS 200.400;

      3.  An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      4.  Open or gross lewdness pursuant to NRS 201.210;

      5.  Indecent or obscene exposure pursuant to NRS 201.220;

      6.  Lewdness with a child pursuant to NRS 201.230;

      7.  Sexual penetration of a dead human body pursuant to NRS 201.450;

      8.  Annoyance or molestation of a minor pursuant to NRS 207.260; or

      9.  An attempt to commit an offense listed in this section.

      Sec. 6.  “Superintendent” means the superintendent of schools of a county school district.

      Sec. 7.  1.  In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense, the court shall:


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ê1997 Statutes of Nevada, Page 422 (Chapter 158, SB 102)ê

 

      (a) Place the child under the supervision of a probation officer until the child is no longer attending a public school or private school within this state.

      (b) Except as otherwise provided in sections 9 and 10 of this act, prohibit the child from attending a public school or private school that a victim of the sexual offense is attending.

      (c) Order the parents or guardians of the child to inform the probation officer assigned to the child each time the child expects to change the public school or private school that he is attending, not later than 20 days before the expected date of the change.

      (d) Order the parents or guardians of the child, to the extent of their financial ability, to reimburse all or part of the additional costs of transporting the child, if such costs are incurred by a county school district pursuant to sections 13 to 19, inclusive, of this act.

      (e) Inform the parents or guardians of the child of the requirements of sections 2 to 10, inclusive, 13 to 19, inclusive, and 23 to 28, inclusive, of this act.

      2.  The court may authorize a superintendent or the executive head of a private school who receives notification from a probation officer pursuant to section 8 of this act to inform other appropriate educational personnel that the child has been adjudicated delinquent for a sexual offense.

      3.  The court may not terminate its jurisdiction concerning the child until the child is no longer attending a public school or private school within this state.

      Sec. 8.  1.  If a child has been adjudicated delinquent for a sexual offense, the probation officer assigned to the child shall provide notification that the child has been adjudicated delinquent for a sexual offense to:

      (a) The superintendent of the county school district in which the child resides; or

      (b) If the child is attending a private school within this state, the executive head of the private school.

      2.  If the probation officer assigned to the child is informed by the parents or guardians of the child that the child expects to change the public school or private school he is attending or if the probation officer otherwise becomes aware of such a change, the probation officer shall provide notification that the child has been adjudicated delinquent for a sexual offense to:

      (a) The superintendent of the county school district in which the child is or will be residing; or

      (b) If the child is or will be attending a private school within this state, the executive head of the private school.

      3.  Notification provided pursuant to this section must include the name of each victim of a sexual offense committed by the child if the victim is attending a public school or private school within this state.

      Sec. 9.  1.  The court may permit a child who has been adjudicated delinquent for a sexual offense to attend a public school or private school that a victim of the sexual offense is attending if, upon the request of the child, the superintendent or the executive head of the private school:


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ê1997 Statutes of Nevada, Page 423 (Chapter 158, SB 102)ê

 

      (a) The court develops and approves an alternative plan of supervision for the child that protects the safety and the interests of the victim;

      (b) The victim and the parents or guardians of the victim consent, in writing, to the plan;

      (c) The superintendent or the executive head of the private school consents, in writing, to the plan; and

      (d) The child and the parents or guardians of the child agree, in writing, to comply with the conditions of the plan.

      2.  As part of an alternative plan of supervision, the court shall impose reasonable conditions on the child and, if necessary to facilitate the alternative plan, on the parents or guardians of the child. The conditions must be designed to protect the safety and the interests of the victim and to ensure that the child complies with the plan.

      3.  Upon its own motion or upon a request from the prosecuting attorney, the victim, the parents or guardians of the victim or the probation officer assigned to the child, the court may modify or rescind the alternative plan of supervision or a condition of the alternative plan after providing notice and an opportunity to be heard to the child, the parents or guardians of the child, the prosecuting attorney and the parties who consented to the alternative plan. If a proposed modification is reasonably likely to increase contact between the victim and the child, the court may not make the modification without the written consent of the victim and the parents or guardians of the victim. If the court rescinds the alternative plan of supervision, the child is subject to the provisions of sections 2 to 10, inclusive, of this act as if the alternative plan had not existed.

      4.  Before the court accepts the written consent of the victim and the parents or guardians of the victim pursuant to this section, the court shall inform them of their right to withhold consent and, except as otherwise provided in section 10 of this act, their right to have the child not attend the public school or private school the victim is attending.

      Sec. 10.  1.  If the court does not approve an alternative plan of supervision pursuant to section 9 of this act, for a child who has been adjudicated delinquent for a sexual offense, the superintendent or the executive head of the private school may request that the court approve an alternative plan of attendance for the child.

      2.  An alternative plan of attendance:

      (a) Must be designed to prevent contact between the victim and the child during school hours and during extracurricular activities conducted on school grounds; and

      (b) Must not interfere with or alter the schedule of classes or the extracurricular activities of the victim.

      3.  Before approving an alternative plan of attendance, the court shall provide notice and an opportunity to be heard to the child, the parents or guardians of the child, the prosecuting attorney, the victim and the parents or guardians of the victim.

      4.  If the court approves an alternative plan of attendance, the prosecuting attorney, the victim or the parents or guardians of the victim may petition the court to modify or rescind the alternative plan on the basis that the alternative plan:


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ê1997 Statutes of Nevada, Page 424 (Chapter 158, SB 102)ê

 

      (a) Is not protecting the safety or the interests of the victim; or

      (b) The child or the public school or private school is not complying with the alternative plan.

      5.  Upon receiving a petition to modify or rescind an alternative plan of attendance, the court may modify or rescind the alternative plan after providing notice and an opportunity to be heard to the child, the parents or guardians of the child, the prosecuting attorney, the victim, the parents or guardians of the victim and the superintendent or the executive head of the private school. If the court rescinds the alternative plan of attendance, the child is subject to the provisions of sections 2 to 10, inclusive, of this act as if the alternative plan had not existed.

      Sec. 11.  NRS 62.211 is hereby amended to read as follows:

      62.211  1.  Except as otherwise provided in NRS 62.212 and section 1 of Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter, it shall so decree and may:

      (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

      (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency, the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

      (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

      (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

      (e) If the child is less than 18 years of age, order:

             (1) The parent, guardian or custodian of the child; and

             (2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,

to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.

      (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.


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ê1997 Statutes of Nevada, Page 425 (Chapter 158, SB 102)ê

 

      (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

      (h) Order the suspension of the child’s driver’s license for not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from applying for a driver’s license for not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to apply for a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to apply for a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

      (i) Place the child, when he is not in school, under the supervision of:

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

      (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.


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ê1997 Statutes of Nevada, Page 426 (Chapter 158, SB 102)ê

 

      (k) Require the child to provide restitution to the victim of the crime which the child has committed.

      (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

      2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

      3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

      (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

      (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

      4.  [At] Except as otherwise provided in section 7 of this act, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

      5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

      6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 12.  Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 to 19, inclusive, of this act.

      Sec. 13.  As used in sections 13 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 14, 15 and 16 of this act have the meanings ascribed to them in those sections.

      Sec. 14.  “Notification” means a notification which indicates that a child has been adjudicated delinquent for a sexual offense and which is provided by a probation officer pursuant to section 8 of this act.

      Sec. 15.  “Offender” means a child identified in a notification as the child who has been adjudicated delinquent for a sexual offense.


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ê1997 Statutes of Nevada, Page 427 (Chapter 158, SB 102)ê

 

      Sec. 16.  “Victim” means a child identified in a notification as a victim of a sexual offense committed by the offender.

      Sec. 17.  1.  If a superintendent of a school district receives notification and a victim identified in the notification is a pupil in the school district, the superintendent shall not permit the offender to attend a public school that a victim is attending unless:

      (a) An alternative plan of supervision is approved by the court pursuant to section 9 of this act; or

      (b) An alternative plan of attendance is approved by the court pursuant to section 10 of this act.

      2.  If the court does not approve an alternative plan of supervision or an alternative plan of attendance for the offender and the school district in which the offender resides does not have another public school in the district for the offender to attend, the superintendent of the school district shall negotiate an agreement with:

      (a) The superintendent of an adjoining school district within this state for the offender to attend a public school in that adjoining school district; or

      (b) The superintendent, or another appropriate administrator, of an adjoining school district in an adjoining state for the offender to attend a public school in that adjoining school district.

      3.  The superintendent of the school district in which the offender resides shall inform the person with whom he is negotiating that the offender has been adjudicated delinquent for a sexual offense, but the superintendent shall not disclose the name of a victim.

      4.  An agreement which is made pursuant to this section and which is presented to a board of trustees for approval:

      (a) Must not contain the name of a victim;

      (b) Must comply with the provisions of subsections 2 and 3 of NRS 392.010; and

      (c) Must be approved by the superintendent of public instruction.

      5.  A board of trustees may terminate an agreement entered into pursuant to this section if, because of a change in circumstances, the offender is able to attend a public school in the school district in which he resides without violating subsection 1.

      Sec. 18.  If a school district incurs additional costs for transporting an offender because he is prohibited from attending a public school that a victim is attending, the school district is entitled to reimbursement of all or part of those costs from the parents or guardians of the offender to the extent ordered by the court pursuant to section 7 of this act. The superintendent of the school district or the parents or guardians of the offender may petition the court to reconsider the amount of reimbursement ordered by the court.

      Sec. 19.  1.  A superintendent of a school district who receives notification shall not release the name of the offender or the name of a victim to another person unless required by law or authorized by an order of the court.

      2.  A person who obtains the name of the offender or the name of a victim pursuant to law or an order of the court shall not release the name of


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ê1997 Statutes of Nevada, Page 428 (Chapter 158, SB 102)ê

 

the offender or the name of a victim to another person unless required by law or authorized by an order of the court.

      3.  A superintendent of a school district or a person who:

      (a) Obtains the name of the offender or the name of a victim pursuant to law or an order of the court; and

      (b) In good faith, releases or fails to release the name of the offender or the name of a victim,

is immune from criminal or civil liability for releasing or failing to release the name of the offender or the name of a victim unless the superintendent or the person acted with gross negligence.

      Sec. 20.  NRS 392.010 is hereby amended to read as follows:

      392.010  Except as to the attendance of a pupil pursuant to NRS 392.015 or a pupil who is ineligible for attendance pursuant to NRS 392.4675 [:] and except as otherwise provided in sections 17 and 18 of this act:

      1.  The board of trustees of any school district may, with the approval of the superintendent of public instruction:

      (a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining school district within this state or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or

      (b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this state or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.

      2.  With the approval of the superintendent of public instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:

      (a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and

      (b) If any are incurred in transporting a pupil or pupils to an adjoining state, as provided by the agreement.

      3.  In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.

      Sec. 21.  NRS 392.350 is hereby amended to read as follows:

      392.350  1.  [When] Except as otherwise provided in section 18 of this act, if the daily transportation of a pupil is not practical or economical, the board of trustees, in lieu of furnishing transportation, may pay to the parents or guardian of the pupil an amount of money not to exceed $10 per day of attendance at school to assist the parents or guardian in defraying the cost of board, lodging and other subsistence expenses of the pupil to attend a public school in a city or town in this state or in an adjoining state.


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ê1997 Statutes of Nevada, Page 429 (Chapter 158, SB 102)ê

 

a public school in a city or town in this state or in an adjoining state. If the public school is in an adjoining county or state, costs for tuition and subsistence must be fixed by agreement between the boards of trustees of the school district in which the pupil resides and the school district in which the pupil attends school.

      2.  Payment of money in lieu of furnishing transportation may be made only if:

      (a) The guardian or parents have been residents in the area for a period set by the board of trustees; and

      (b) The superintendent of public instruction determines that the arrangements comply with regulations of the state board . [of education.]

      Sec. 22.  Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 23 to 28, inclusive, of this act.

      Sec. 23.  As used in sections 23 to 28, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 24, 25 and 26 of this act have the meanings ascribed to them in those sections.

      Sec. 24.  “Notification” means a notification which indicates that a child has been adjudicated delinquent for a sexual offense and which is provided by a probation officer pursuant to section 8 of this act.

      Sec. 25.  “Offender” means a child identified in a notification as the child who has been adjudicated delinquent for a sexual offense.

      Sec. 26.  “Victim” means a child identified in a notification as a victim of a sexual offense committed by the offender.

      Sec. 27.  If the executive head of a private school receives notification and a victim identified in the notification is attending a private school under his authority, he shall not permit the offender to attend the private school that a victim is attending unless:

      1.  An alternative plan of supervision is approved by the court pursuant to section 9 of this act; or

      2.  An alternative plan of attendance is approved by the court pursuant to section 10 of this act.

      Sec. 28.  1.  If the executive head of a private school receives notification, he shall not release the name of the offender or the name of a victim to another person unless required by law or authorized by an order of the court.

      2.  A person who obtains the name of the offender or the name of a victim pursuant to law or an order of the court shall not release the name of the offender or the name of a victim to another person unless required by law or authorized by an order of the court.

      3.  The executive head of a private school or a person who:

      (a) Obtains the name of the offender or the name of a victim pursuant to law or an order of the court; and

      (b) In good faith, releases or fails to release the name of the offender or the name of a victim,

is immune from criminal or civil liability for releasing or failing to release the name of the offender or the name of a victim unless the executive head of the private school or the person acted with gross negligence.


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ê1997 Statutes of Nevada, Page 430 (Chapter 158, SB 102)ê

 

      Sec. 29.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 30.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 31.  Section 11 of this act becomes effective at 12:02 a.m. on October 1, 1997.

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CHAPTER 159, SB 277

Senate Bill No. 277–Senators Wiener, James, Titus, Adler, Augustine, Coffin, Jacobsen, Mathews, McGinness, Neal, Porter, Schneider, Shaffer and Washington

CHAPTER 159

AN ACT relating to juvenile courts; authorizing a juvenile court to require a child to participate in a recreational program; and providing other matters properly relating thereto.

 

[Approved June 17, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 62.211 is hereby amended to read as follows:

      62.211  1.  Except as otherwise provided in NRS 62.212 and section 1 of Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter, it shall so decree and may:

      (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.

      (b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency, the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

      (c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.

      (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.


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ê1997 Statutes of Nevada, Page 431 (Chapter 159, SB 277)ê

 

or tended to cause the child to come within or remain under the provisions of this chapter.

      (e) If the child is less than 18 years of age, order:

             (1) The parent, guardian or custodian of the child; and

             (2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,

to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.

      (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

      (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

      (h) Order the suspension of the child’s driver’s license for not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from applying for a driver’s license for not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to apply for a driver’s license.

             (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to apply for a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

      (i) Place the child, when he is not in school, under the supervision of:

             (1) A public organization to work on public projects;

             (2) A public agency to work on projects to eradicate graffiti; or

             (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 432 (Chapter 159, SB 277)ê

 

or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

      (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.

      (k) Require the child to provide restitution to the victim of the crime which the child has committed.

      (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

      (m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness. If the court orders the child to participate in such a program, the court may order any or all of the following, in the following order of priority if practicable:

             (1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;

             (2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or

             (3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.

      2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

      3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

 


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 433 (Chapter 159, SB 277)ê

 

serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

      (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

      (b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.

      4.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

      5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

      6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 2.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 3.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 4.  Section 1 of this act becomes effective at 12:02 a.m. on October 1, 1997.

________

 

CHAPTER 160, SB 264

Senate Bill No. 264–Senators Titus and Wiener

CHAPTER 160

AN ACT relating to crimes; providing an enhanced penalty for the intimidation, assault or battery of a person who operates a vehicle as part of a public mass transportation system; and providing other matters properly relating thereto.

 

[Approved June 17, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 199.300 is hereby amended to read as follows:

      199.300  1.  A person who directly or indirectly, addresses any threat or intimidation to a public officer, public employee, juror, referee, arbitrator, appraiser, assessor or any person authorized by law to hear or determine any controversy or matter, with the intent to induce him, contrary to his duty to do, make, omit or delay any act, decision or determination, shall be punished:

      (a) [Where] If physical force or the immediate threat of physical force is used in the course of the intimidation or in the making of the threat [,] :


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 434 (Chapter 160, SB 264)ê

 

             (1) For a first offense, for a category C felony as provided in NRS 193.130.

             (2) For a second or subsequent offense, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      (b) [Where] If no physical force or immediate threat of physical force is used in the course of the intimidation or in the making of the threat, for a gross misdemeanor.

      2.  As used in this section, “public employee” means any person who performs public duties for compensation paid by the state, a county, city, local government or other political subdivision of the state [,] or an agency thereof [.] , including, without limitation, a person who performs a service for compensation pursuant to a contract with the state, county, city, local government or other political subdivision of the state or an agency thereof.

      Sec. 2.  NRS 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section:

      (a) “Assault” means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

      (b) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard, matron or other correctional officer of a city or county jail; or

             (5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including [any] a person acting pro tempore in a capacity listed in this subparagraph.

      (c) “School employee” means [any] a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (d) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  A person convicted of an assault shall be punished:

      (a) If paragraph (c) of this subsection does not apply to the circumstances of the crime and the assault is not made with use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If the assault is committed upon an officer , [or] a school employee or a transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer , [or a] school employee [,] or transit operator, for a gross misdemeanor, unless the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 435 (Chapter 160, SB 264)ê

 

assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 3.  NRS 200.481 is hereby amended to read as follows:

      200.481  1.  As used in this section:

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Child” means a person less than 18 years of age.

      (c) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility; or

             (5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including [any] , without limitation, a person acting pro tempore in a capacity listed in this subparagraph.

      (d) “School employee” means [any] a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (e) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  A person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

      (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor. If the battery is committed upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing, with whom he had or is having a dating relationship or with whom he has a child in common, his minor child or a minor child of that person, the court, as a part of the sentence imposed, may require the person to participate in and complete a program of counseling to prevent abuse of his family.

      (b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a category C felony as provided in NRS 193.130.

      (c) If the battery is committed upon an officer , [or a] school employee or transit operator and:

             (1) The officer , [or] school employee or transit operator was performing his duty;

             (2) The officer , [or] school employee or transit operator suffers substantial bodily harm; and


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 436 (Chapter 160, SB 264)ê

 

             (3) The person charged knew or should have known that the victim was an officer , [or a] school employee [,] or transit operator,

for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      (d) If the battery is committed upon an officer , [or a] school employee or transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer , [or a] school employee [,] or transit operator, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

      (e) If the battery is committed with the use of a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      (f) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

      (g) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

      Sec. 4.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 5.  The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.

________

 

CHAPTER 161, SB 337

Senate Bill No. 337–Committee on Finance

CHAPTER 161

AN ACT making a supplemental appropriation to the Mental Hygiene and Mental Retardation Division of the Department of Human Resources for an unanticipated increase in the caseload at the Facility for the Mental Offender; and providing other matters properly relating thereto.

 

[Approved June 17, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Mental Hygiene and Mental Retardation Division of the Department of Human Resources the sum of $40,000 for an unanticipated increase in the caseload at the Facility for the Mental Offender. This appropriation is supplemental to that made by section 20 of chapter 446, Statutes of Nevada 1995, at page 1389.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 437 (Chapter 161, SB 337)ê

 

supplemental to that made by section 20 of chapter 446, Statutes of Nevada 1995, at page 1389.

      Sec. 2.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 162, AB 430

Assembly Bill No. 430–Committee on Ways and Means

CHAPTER 162

AN ACT making a supplemental appropriation to the Division of Child and Family Services of the Department of Human Resources for retroactive payments to employees of the Teaching Parent Relief Program of the Southern Nevada Child and Adolescent Services; and providing other matters properly relating thereto.

 

[Approved June 17, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated to the Division of Child and Family Services of the Department of Human Resources the sum of $7,549 for retroactive payments to employees of the Teaching Parent Relief Program of the Southern Nevada Child and Adolescent Services. This appropriation is supplemental to that made by section 20 of chapter 446, Statutes of Nevada 1995, at page 1388.

      Sec. 2.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 163, AB 446

Assembly Bill No. 446–Committee on Ways and Means

CHAPTER 163

AN ACT relating to state financial administration; authorizing a temporary advance from the state general fund for the Nevada equal rights commission; and providing other matters properly relating thereto.

 

[Approved June 17, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the director of the department of employment, training and rehabilitation determines that current claims exceed the amount of money available because revenue from billed services has not been collected or because of a delay in the receipt of money from federal grants, he may request from the director of the department of administration a temporary advance from the state general fund for the payment of authorized expenses.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 438 (Chapter 163, AB 446)ê

 

      2.  The director of the department of administration shall notify the state controller and the fiscal analysis division of the legislative counsel bureau of his approval of a request made pursuant to subsection 1. The state controller shall draw his warrant upon receipt of the approval by the director of the department of administration.

      3.  An advance from the state general fund:

      (a) May be approved by the director of the department of administration for the budget account of the Nevada equal rights commission of the department of employment, training and rehabilitation.

      (b) Is limited to 25 percent of the revenue expected to be received in the current fiscal year from any source other than legislative appropriation.

      4.  Any money which is temporarily advanced from the state general fund to an account pursuant to subsection 3 must be repaid by August 31 following the end of the immediately preceding fiscal year.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 164, AB 421

Assembly Bill No. 421–Committee on Judiciary

CHAPTER 164

AN ACT relating to tortfeasors; revising the provisions governing the effect of a release or covenant not to sue; and providing other matters properly relating thereto.

 

[Approved June 20, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 17.245 is hereby amended to read as follows:

      17.245  1.  When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:

      [1.] (a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide , [;] but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and

      [2.] (b) It discharges the tortfeasor to whom it is given from all liability for contribution and for equitable indemnity to any other tortfeasor.

      2.  As used in this section, “equitable indemnity” means a right of indemnity that is created by the court rather than expressly provided for in a written agreement.

      Sec. 2.  NRS 17.265 is hereby amended to read as follows:

      17.265  Except as otherwise provided in NRS 17.245, the provisions of NRS 17.225 to 17.305, inclusive, do not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 439 (Chapter 164, AB 421)ê

 

another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 165, AB 417

Assembly Bill No. 417–Assemblymen Berman, Freeman, Giunchigliani, Collins, Lee, Braunlin, Koivisto, Ernaut, Hettrick, Nolan, Manendo, Sandoval, Mortenson, Evans, Anderson, Bache, Lambert, Parks, Arberry, Goldwater, Herrera, Close, Humke, Amodei, Ohrenschall, Von Tobel, Marvel, Neighbors, Williams, Buckley, Perkins, Cegavske, Gustavson, Price, Krenzer, Chowning, Hickey, Tiffany, Segerblom and de Braga

CHAPTER 165

AN ACT relating to days of observance; requiring the governor to proclaim a week in May as Osteoporosis Prevention and Awareness Week in the State of Nevada; and providing other matters properly relating thereto.

 

[Approved June 20, 1997]

 

      Whereas, Osteoporosis is a bone-thinning disease that poses a serious threat to the health and quality of life of one of every two women and one of every five men in this country; and

      Whereas, It is estimated that over 150,000 women and men in Nevada currently suffer from osteoporosis and low-bone mass; and

      Whereas, Osteoporosis progresses silently and without sensation over many years, and many cases remain undiagnosed because its first symptom is often a bone fracture, typically of the hip, spine or wrist; and

      Whereas, While Nevada’s population ages over the next 20 years, it is estimated that Nevada’s residents will experience more than 24,900 hip fractures and the incidence of all bone fractures will increase by more than 86 percent; and

      Whereas, It is estimated the annual cost for these fractures will increase from approximately $20 million in 1995 to $103 million by the year 2015; and

      Whereas, Each such fracture causes pain, disability, immobility and social isolation, and significantly affects the person’s quality of life and threatens his or her ability to live independently, thus increasing long-term health care costs; and

      Whereas, Because osteoporosis currently has no cure, it is imperative for us to focus on the prevention, early diagnosis and treatment to reduce the prevalence of and the devastation resulting from this disease; and

      Whereas, Low bone mass is one of the most reliable predictors of a person’s risk of future fracture; and

      Whereas, A person’s bone mass can now be accurately and painlessly measured to diagnose and monitor the treatment of osteoporosis; and


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 440 (Chapter 165, AB 417)ê

 

      Whereas, Most people, including physicians and other health care providers, lack sufficient knowledge in the prevention, early diagnosis and treatment of the disease because information about osteoporosis is not adequately disseminated to the public; and

      Whereas, Since osteoporosis is part of the normal aging process, it is imperative that members of the younger generation be educated regarding their own ability to build strong bones during childhood and preserve them during adulthood so they may prevent their own osteoporosis in later life; and

      Whereas, In recognition of the fact that this disease affects one of every two women in this country, a national awareness campaign has begun which annually designates National Osteoporosis Prevention Week as the week which begins each Mother’s Day; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governor shall annually proclaim the week that begins with Mother’s Day to be Osteoporosis Prevention and Awareness Week in the State of Nevada.

      2.  The proclamation must call upon news media, educators, health care providers and appropriate governmental officers to:

      (a)Bring to the attention of Nevada’s residents factual information regarding the early diagnosis and treatment of osteoporosis; and

      (b)Emphasize the potential for the prevention of the disease.

      Sec. 2.  On the effective date of this act, the Chief Clerk of the Assembly shall prepare and transmit a copy of this act to the Vice President of the United States as the presiding officer of the Senate, the Speaker of the House of Representatives, each member of the Nevada Congressional Delegation and the National Osteoporosis Foundation.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 441ê

 

CHAPTER 166, SB 380

Senate Bill No. 380–Committee on Finance

CHAPTER 166

AN ACT making supplemental appropriations to the Division of Museums and History of the Department of Museums, Library and Arts to offset the unanticipated shortfall in the revenue from admissions at the Nevada State Museum and Historical Society in Las Vegas and the Nevada State Museum in Carson City; and providing other matters properly relating thereto.

 

[Approved June 20, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Division of Museums and History of the Department of Museums, Library and Arts the sum of $40,000 to offset the unanticipated shortfall in the revenue from admissions at the Nevada State Museum and Historical Society in Las Vegas. This appropriation is supplemental to that made by section 19 of chapter 446, Statutes of Nevada 1995, at page 1387.

      Sec. 2.  There is hereby appropriated from the state general fund to the Division of Museums and History of the Department of Museums, Library and Arts the sum of $14,500 to offset the unanticipated shortfall in the revenue from admissions at the Nevada State Museum in Carson City. This appropriation is supplemental to that made by section 19 of chapter 446, Statutes of Nevada 1995, at page 1387.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 167, SB 338

Senate Bill No. 338–Committee on Finance

CHAPTER 167

AN ACT relating to making a supplemental appropriation to the Office of the Governor for additional travel and operating expenses; and providing other matters properly relating thereto.

 

[Approved June 20, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Office of the Governor the sum of $35,551 for additional travel and operating expenses. This appropriation is supplemental to that made by section 1 of chapter 446, Statutes of Nevada 1995, at page 1384.

      Sec. 2.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 442ê

 

CHAPTER 168, AB 155

Assembly Bill No. 155–Assemblymen Close and Freeman

CHAPTER 168

AN ACT relating to personal care facilities; requiring the central repository for Nevada records of criminal history to check the criminal history of each applicant for a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups and of each employee of each such facility and employee of each agency to provide nursing in the home; authorizing the health division of the department of human resources to deny or revoke a license if an applicant for a license to operate any such facility or his employee has been convicted of a certain crime; requiring the administrator of each such facility to terminate the employment of an employee who is convicted of a certain crime; and providing other matters properly relating thereto.

 

[Approved June 20, 1997]

 

      Whereas, Facilities for intermediate care, facilities for skilled nursing and residential facilities for groups provide food, shelter and assistance to some of the most vulnerable residents of this state, including aged, infirm, mentally retarded and handicapped persons; and

      Whereas, Agencies to provide nursing in the home also provide assistance to these vulnerable residents; and

      Whereas, There have been many reports of abuse of and stealing from these vulnerable residents by employees of such facilities and agencies; and

      Whereas, The legislature recognizes that it is necessary for the state to exercise its police powers to protect the health, safety and welfare of these vulnerable residents; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  The provisions of sections 3 to 7, inclusive, of this act do not apply to any facility for the treatment of abuse of alcohol or drugs.

      Sec. 3.  1.  Each applicant for a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups shall submit to the central repository for Nevada records of criminal history two complete sets of fingerprints for submission to the Federal Bureau of Investigation for its report.

      2.  The central repository for Nevada records of criminal history shall determine whether the applicant has been convicted of a crime listed in section 7 of this act and immediately inform the administrator of the facility, if any, and the health division of whether the applicant has been convicted of such a crime.

      Sec. 4.  1.  Except as otherwise provided in subsection 4, within 10 days after hiring an employee, the administrator of, or the person licensed to operate, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups shall:


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 443 (Chapter 168, AB 155)ê

 

      (a) Obtain a written statement from the employee stating whether he has been convicted of any crime listed in section 7 of this act;

      (b) Obtain a verbal and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

      (c) Obtain from the employee two sets of fingerprints and a written authorization to forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and

      (d) Submit to the central repository for Nevada records of criminal history the fingerprints obtained pursuant to paragraph (c).

      2.  The central repository for Nevada records of criminal history shall determine whether the employee has been convicted of a crime listed in section 7 of this act and immediately inform the health division, the administrator of and the person licensed to operate, the agency or facility at which the person is employed of whether or not the employee has been convicted of such a crime.

      3.  The central repository for Nevada records of criminal history may impose a fee upon an agency or a facility that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The agency or facility may recover from the employee not more than one-half of the fee imposed by the central repository. If the agency or facility requires the employee to pay for any part of the fee imposed by the central repository, it shall allow the employee to pay the amount through periodic payments.

      4.  The provisions of this section do not apply to an employee who has undergone an investigation of his criminal background as a condition to receiving a professional license in this state.

      Sec. 5.  Each agency to provide nursing in the home, facility for intermediate care, facility for skilled nursing and residential facility for groups shall maintain accurate records of the information concerning its employees collected pursuant to section 3 of this act, and shall maintain a copy of the fingerprints submitted to the central repository for Nevada records of criminal history and proof it submitted two sets of fingerprints to the central repository for its report. These records must be made available for inspection by the health division at any reasonable time and copies thereof must be furnished to the health division upon request.

      Sec. 6.  1.  Upon receiving information from the central repository for Nevada records of criminal history pursuant to section 4 of this act, or evidence from any other source, that a person who is employed at an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups has been convicted of a crime listed in paragraph (a) of subsection 1 of section 7 of this act, the administrator of, or the person licensed to operate, the agency or facility shall terminate the employment of that person after allowing him any time to correct the information as required pursuant to subsection 2.

      2.  If an employee believes that the information provided by the central repository is incorrect, he may immediately inform the agency or facility. An agency or facility that is so informed shall give an employee a reasonable amount of time of not less than 30 days to correct the information received from the central repository before terminating the employment of the person pursuant to subsection 1.


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ê1997 Statutes of Nevada, Page 444 (Chapter 168, AB 155)ê

 

reasonable amount of time of not less than 30 days to correct the information received from the central repository before terminating the employment of the person pursuant to subsection 1.

      3.  An agency or facility that has complied with section 4 of this act may not be held civilly or criminally liable based solely upon the ground that the agency or facility allowed an employee to work:

      (a) Before it received the information concerning the employee from the central repository;

      (b) During any period required pursuant to subsection 2 to allow the employee to correct such information;

      (c) Based on the information received from the central repository, if the information received from the central repository was inaccurate; or

      (d) Any combination thereof.

An agency or facility may be held liable for any other conduct determined to be negligent or unlawful.

      Sec. 7.  1.  In addition to the grounds listed in NRS 449.160, the health division may deny a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups to an applicant or may suspend or revoke the license of a licensee to operate such a facility if:

      (a) The applicant or licensee has been convicted of:

             (1) Murder, voluntary manslaughter or mayhem;

             (2) Assault with intent to kill or to commit sexual assault or mayhem;

             (3) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

             (4) Abuse or neglect of a child or contributory delinquency;

             (5) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;

             (6) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or

             (7) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or

      (b) The licensee has continued to employ a person who has been convicted of a crime listed in paragraph (a).

      2.  In addition to the grounds listed in NRS 449.160, the health division may deny a license to operate an agency to provide nursing in the home to an applicant or may suspend or revoke the license of a licensee to operate such an agency if the licensee has continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

      Sec. 8.  NRS 449.030 is hereby amended to read as follows:

      449.030  1.  No person, state or local government or agency thereof may operate or maintain in this state any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.001 to 449.240, inclusive [.] , and sections 2 to 7, inclusive, of this act.

      2.  Unless licensed as a freestanding facility for hospice care, a person, state or local government or agency thereof shall not operate a program of hospice care without first obtaining a license for the program from the board.


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ê1997 Statutes of Nevada, Page 445 (Chapter 168, AB 155)ê

 

hospice care without first obtaining a license for the program from the board.

      Sec. 9.  NRS 449.060 is hereby amended to read as follows:

      449.060  1.  Each license issued pursuant to NRS 449.001 to 449.240, inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of the fee provided in NRS 449.040 and 449.050 unless the health division finds, after an investigation, that the facility has not:

      [1.] (a) Satisfactorily complied with the provisions of NRS 449.001 to 449.240, inclusive, or the standards and regulations adopted by the board; or

      [2.] (b) Obtained the approval of the director of the department of human resources before undertaking a project, if such approval is required by NRS 439A.100; or

      [3.] (c) Conformed to all applicable local zoning regulations.

      2.  Each reapplication for an agency to provide nursing in the home, a residential facility for intermediate care, a facility for skilled nursing or a residential facility for groups must include, without limitation, a statement that the facility or agency is in compliance with the provisions of sections 2 to 7, inclusive, of this act.

      Sec. 10.  NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the department; and

      (b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.

      3.  Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. A report of disposition must be submitted to the division:

      (a) Through an electronic network;

      (b) On a [media] medium of magnetic storage; or

      (c) In the manner prescribed by the director of the department,

within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.

      4.  The division shall:


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ê1997 Statutes of Nevada, Page 446 (Chapter 168, AB 155)ê

 

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Sexual offenses and other records of criminal history; and

             (2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.

      (b) Use a record of the subject’s fingerprints as the basis for any records maintained regarding him.

      5.  The division may:

      (a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:

             (1) Who has applied to any agency of the state or any political subdivision for a license which it has the power to grant or deny;

             (2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services; [or]

             (3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction [.] ; or

             (4) For whom such information is required to be obtained pursuant to section 4 of this act.

      6.  The central repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the superintendent of public instruction for a license;

             (2) Has applied to a county school district for employment; or

             (3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation, who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation.


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ê1997 Statutes of Nevada, Page 447 (Chapter 168, AB 155)ê

 

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

      (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to section 3 or 4 of this act.

      (g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

      [(g)] (h) Identify and review the collection and processing of statistical data relating to criminal justice and delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The central repository may:

      (a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice or any other agency dealing with crime or delinquency of children which is required to submit information pursuant to subsection 2. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

      8.  As used in this section, “advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

      Sec. 11.  1.  Each person who is a licensee of a facility for intermediate care, facility for skilled nursing or residential facility for groups, an applicant for a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups before October 1, 1997, shall provide the central repository for Nevada records of criminal history with two complete sets of fingerprints on or before November 1, 1997.

      2.  Each person who is an employee of an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups before October 1, 1997, shall provide the administrator of, or the person licensed to operate, the agency or facility at which he is employed with two complete sets of fingerprints on or before November 1, 1997.

________

 


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ê1997 Statutes of Nevada, Page 448ê

 

CHAPTER 169, SB 136

Senate Bill No. 136–Committee on Governmental Affairs

CHAPTER 169

AN ACT relating to the City of Sparks; amending the charter of the City of Sparks to allow the city council to increase the number of municipal judges; requiring a written notice and an opportunity for a hearing before the dismissal of certain employees; and providing other matters properly relating thereto.

 

[Approved June 20, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 4.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 128, Statutes of Nevada 1993, at page 227, is hereby amended to read as follows:

       Sec. 4.010  Municipal court.

       1.  There is a municipal court of the city which consists of not less than two departments. The city council may, by resolution, expand the court to include additional departments. Such a resolution must be enacted on or before January 1 of the year in which the additional municipal judge is to be elected and must prohibit the commencement of the operations of the additional department until the additional judge has been elected and takes office.

       2.  Each department must be presided over by a municipal judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this charter, governed by chapter 5 of NRS , which relates to municipal courts.

       3.  If the city council creates an additional department pursuant to subsection 1, the municipal judge who will preside over that department must be elected at the next municipal election that meets the requirements of subsection 1.

      Sec. 2.  Section 4.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 128, Statutes of Nevada 1993, at page 227, is hereby amended to read as follows:

       Sec. 4.020  Municipal court: Judges; salary; administrative judge; alternate judges.

       1.  A municipal judge shall not engage in any other business or occupation without the approval of the city council.

       2.  The salary of a municipal judge must be fixed by ordinance and be uniform for [both departments] each department of the municipal court. The salary may not be decreased but may be increased during the terms for which the judges are elected or appointed.

       3.  The municipal judge who holds seniority in years of service in office, either elected or appointed, may serve as the administrative judge. If he chooses not to serve as administrative judge, the remaining municipal judge who holds seniority in years in office, either elected or appointed, may serve as the administrative judge.


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ê1997 Statutes of Nevada, Page 449 (Chapter 169, SB 136)ê

 

appointed, may serve as the administrative judge. If [both] two or more judges are equal in seniority and wish to serve as the administrative judge, the administrative judge must be chosen from among them by the mayor. The administrative judge:

       (a) Shall establish and enforce administrative regulations for governing the affairs of the municipal court.

       (b) Is responsible for setting trial dates and other matters which pertain to the calendar of the court.

       (c) Shall perform such other administrative duties of the court as may be required by the city council.

       4.  Alternate judges in sufficient numbers may, upon ratification by the city council, be appointed annually by the mayor. An alternate judge:

       (a) Must be a duly licensed member, in good standing, of the State Bar of Nevada, a justice of the peace in Washoe County or a retired judge, and have such other qualifications as may be prescribed by ordinance.

       (b) Has all of the powers and jurisdiction of a municipal judge while he is acting as such.

       (c) Is entitled to such compensation as may be fixed by the city council.

      Sec. 3.  Section 9.100 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 350, Statutes of Nevada 1987, at page 795, is hereby amended to read as follows:

       Sec. 9.100  Dismissals, demotions and suspensions.

       1.  The city manager or his designated representative may suspend without pay for a period not to exceed 30 days, [or] dismiss or demote a classified employee pursuant to regulations adopted by the civil service commission.

       2.  Before a classified employee may be notified that he is being dismissed pursuant to subsection 3, the city manager or his designated representative must provide the employee with:

       (a) Written notice of the reasons for which the city manager is considering his dismissal; and

       (b) An opportunity to respond to the reasons for dismissal before the city manager or his designated representative.

       3.  A dismissal, involuntary demotion or suspension does not become effective until the employee is notified in writing of the action and the reasons therefor. The notice may be delivered personally to the employee or mailed to him at his last known address by registered or certified mail, return receipt requested. The effective date of the dismissal, involuntary demotion or suspension is the date of delivery of the notice or, if the notice is mailed and [the letter is] subsequently returned to the sender, 3 days after mailing.

________

 


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ê1997 Statutes of Nevada, Page 450ê

 

CHAPTER 170, AB 174

Assembly Bill No. 174–Assemblyman Hettrick

CHAPTER 170

AN ACT relating to public organizations; revising the membership of the Nevada rural housing authority; authorizing the authority to create certain nonprofit corporations to develop housing projects; authorizing general improvement districts to charge a fee for snow removal; and providing other matters properly relating thereto.

 

[Approved June 20, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 315.977 is hereby amended to read as follows:

      315.977  1.  The Nevada rural housing authority, consisting of five commissioners, is hereby created.

      2.  The commissioners must be appointed as follows:

      (a) Two commissioners must be appointed by the Nevada League of Cities.

      (b) Two commissioners must be appointed by the Nevada Association of Counties.

      (c) One commissioner must be appointed [by the governor.] jointly by the Nevada League of Cities and the Nevada Association of Counties. This commissioner must be a current recipient of assistance from the authority and must be selected from a list of at least five eligible nominees submitted for this purpose by an organization which represents tenants of housing projects operated by the authority. If no such organization exists, the commissioner must be selected from a list of nominees submitted for this purpose from persons who currently receive assistance from the authority. If during his term the commissioner ceases to be a recipient of assistance, he must be replaced by a person who is a recipient of assistance.

      3.  After the initial terms, the term of office of a commissioner is 4 years or until his successor takes office.

      4.  A majority of the commissioners constitutes a quorum, and a vote of the majority is necessary to carry any question.

      5.  If either of the appointing entities listed in [paragraphs (a) and (b) of] subsection 2 ceases to exist, the pertinent appointments required by subsection 2 must be made by the successor in interest of that entity or, if there is no successor in interest, by the other appointing entity.

      Sec. 2.  NRS 315.983 is hereby amended to read as follows:

      315.983  1.  Except as otherwise provided in NRS 354.474 and 377.057, the authority:

      (a) Shall be deemed to be a public body corporate and politic, and an instrumentality, local government and political subdivision of the state, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out the purposes and provisions of NRS 315.961 to 315.996, inclusive, but not the power to levy and collect taxes or special assessments.

      (b) Is not an agency, board, bureau, commission, council, department, division, employee or institution of the state.


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ê1997 Statutes of Nevada, Page 451 (Chapter 170, AB 174)ê

 

      2.  The authority may:

      (a) Sue and be sued.

      (b) Have a seal.

      (c) Have perpetual succession.

      (d) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

      (e) Deposit money it receives in any insured state or national bank, insured credit union, insured savings and loan association, or in the local government pooled long-term investment account created by NRS 355.165 or the local government pooled investment fund created by NRS 355.167.

      (f) Adopt bylaws, rules and regulations to carry into effect the powers and purposes of the authority.

      (g) Create a nonprofit organization which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) and which has as its principal purpose the development of housing projects.

      Sec. 3.  NRS 315.984 is hereby amended to read as follows:

      315.984  Subject to the provisions of NRS 315.986 and 315.987 [, the authority] :

      1.  The authority or a nonprofit corporation created pursuant to paragraph (g) of subsection 2 of NRS 315.983 may, within its area of operation [:

      1.  Prepare,] , prepare, carry out and operate housing projects and provide for the construction, reconstruction, improvement, extension, alteration [,] or repair of any such project or any part thereof.

      2.  [Administer] The authority may, within its area of operation, administer programs to subsidize that portion of a tenant’s rental payments which represents the difference between the payment required in the lease and the amount paid under any program of the Federal Government.

      3.  [Determine] The authority may, within its area of operation, determine where there is a need for additional low-rent housing for persons of low income and where there is unsafe, insanitary or overcrowded housing.

      4.  [Make] The authority may, within its area of operation, make studies and recommendations relating to the problems of relieving the shortage of low-rent housing and of eliminating unsafe, insanitary or overcrowded housing.

      5.  [Cooperate] The authority may, within its area of operation, cooperate with the Federal Government, state agencies, local housing authorities, counties, cities, towns and other political subdivisions of the state in action taken in connection with such problems.

      Sec. 4.  NRS 315.993 is hereby amended to read as follows:

      315.993  1.  The authority shall not construct or operate any housing project for profit.

      2.  The authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals or payments for dwelling accommodations at low rates consistent with its providing decent, safe and sanitary dwelling accommodations for persons of low income.

      3.  The authority shall fix the rentals or payments for dwellings in its housing projects at no higher rates than are necessary to produce revenue which, together with all other available money, revenue, income and receipts of the authority from whatever sources derived, will be sufficient:

 


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ê1997 Statutes of Nevada, Page 452 (Chapter 170, AB 174)ê

 

which, together with all other available money, revenue, income and receipts of the authority from whatever sources derived, will be sufficient:

      (a) To pay, as it becomes due, the principal and interest on the bonds of the authority.

      (b) To create and maintain such reserves as may be required to assure the payment of principal and interest as it becomes due on its bonds.

      (c) To meet the cost of, and to provide for, maintaining and operating the housing projects, including necessary reserves therefor and the cost of any insurance, and the administrative expenses of the authority.

      (d) To make such payments in lieu of taxes as it determines are consistent with the maintenance of the low-rent character of the housing projects.

      4.  For the purposes of this section, a housing project constructed or operated by the authority that is eligible for credit for low-income housing pursuant to 26 U.S.C. § 42 is not constructed or operated for profit.

      Sec. 5.  NRS 318.197 is hereby amended to read as follows:

      318.197  1.  The board may fix, and from time to time increase or decrease, electric energy, cemetery, swimming pool, other recreational facilities, television, FM radio, sewer, water, storm drainage, flood control, snow removal, lighting, garbage or refuse rates, tolls or charges other than special assessments, including, but not limited to, service charges and stand-by service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges, and pledge the revenue for the payment of any indebtedness or special obligations of the district.

      2.  Upon compliance with subsection 9 and until paid, all rates, tolls or charges constitute a perpetual lien on and against the property served. A perpetual lien is prior and superior to all liens, claims and titles other than liens of general taxes and special assessments and is not subject to extinguishment by the sale of any property on account of nonpayment of any liens, claims and titles including the liens of general taxes and special assessments. A perpetual lien must be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. Before any lien is foreclosed , the board shall hold a hearing thereon after providing notice thereof by publication and by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his last known address according to the records of the district and the real property assessment roll in the county in which the property is located.

      3.  The board shall prescribe and enforce regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services.

      4.  The board may provide for the collection of charges. Provisions may be made for, but are not limited to:

      (a) The granting of discounts for prompt payment of bills.

      (b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 year’s charges from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which services and facilities are to be used. In case of nonpayment of all or part of a bill, the deposits or prepaid charges must be applied only insofar as necessary to liquidate the cumulative amount of the charges plus penalties and cost of collection.


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ê1997 Statutes of Nevada, Page 453 (Chapter 170, AB 174)ê

 

nonpayment of all or part of a bill, the deposits or prepaid charges must be applied only insofar as necessary to liquidate the cumulative amount of the charges plus penalties and cost of collection.

      (c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.

      5.  The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty must not be more than 10 percent of each month’s charges for the first month delinquent. In addition to the basic penalty, the board may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. On the first day of the calendar month following the date of payment specified in the bill the charge becomes delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. The board may provide for collection of the penalties provided for in this section.

      6.  The board may provide that charges for any service must be collected together with and not separately from the charges for any other service rendered by it, and that all charges must be billed upon the same bill and collected as one item.

      7.  The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by the person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by the person, firm or corporation pursuant to a contract is not paid and if the person, firm or corporation renders any public utility service to the person billed, the person, firm or corporation may discontinue its utility service until the bill is paid, and the contract between the board and the person, firm or corporation may so provide.

      8.  As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.

      9.  A lien against the property served is not effective until a notice of the lien, separately prepared for each lot affected, is:

      (a) Mailed to the last known owner at his last known address according to the records of the district and the real property assessment roll of the county in which the property is located;

      (b) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located;

      (c) Recorded by the county recorder in a book kept by him for the purpose of recording instruments encumbering land; and

      (d) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.


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ê1997 Statutes of Nevada, Page 454 (Chapter 170, AB 174)ê

 

      Sec. 6.  As soon as practicable after December 31, 1997, the Nevada League of Cities and the Nevada Association of Counties shall appoint to the Nevada rural housing authority the commissioner appointed pursuant to paragraph (c) of subsection 1 of NRS 315.977.

      Sec. 7.  This act becomes effective upon passage and approval.

________

 

CHAPTER 171, AB 422

Assembly Bill No. 422–Committee on Judiciary

CHAPTER 171

AN ACT relating to records of criminal history; adding a representative of the office of court administrator to the membership of the advisory committee for the uniform program for reporting crimes; and providing other matters properly relating thereto.

 

[Approved June 23, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 179A.078 is hereby amended to read as follows:

      179A.078  1.  The director of the department shall establish within the central repository [,] a uniform program for reporting crimes [which] that is designed to collect statistical data relating to crime or delinquency of children and to facilitate the collection and analysis of statistical data relating to crime at a central location.

      2.  To assist in establishing and carrying out the program required by subsection 1, the director shall establish an advisory committee consisting of [seven] eight members selected by the director. The committee must be composed of:

      (a) One member who represents an association of district judges in this state;

      (b) One member who represents an association of justices of the peace and judges of municipal courts in this state;

      (c) One member who represents an association of district attorneys in this state;

      (d) One member who represents a law enforcement agency located in a county whose population is less than 400,000;

      (e) One member who represents a law enforcement agency located in a county whose population is 400,000 or more;

      (f) One member who represents the Nevada [Highway Patrol; and] highway patrol;

      (g) One member who represents the University and Community College System of Nevada and has knowledge of the criminal justice system [.] ; and

      (h) One member who represents the office of court administrator.

      3.  The members of the advisory committee are not entitled to receive compensation while engaged in the business of the advisory committee.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 455 (Chapter 171, AB 422)ê

 

      4.  [Any] A member who is selected to fill a vacancy must possess the same general qualifications as his predecessor in office.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 172, AB 223

Assembly Bill No. 223–Committee on Ways and Means

CHAPTER 172

AN ACT making a supplemental appropriation to the Department of Taxation for additional operating and information services costs; and providing other matters properly relating thereto.

 

[Approved June 23, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Department of Taxation the sum of $560,105 for additional operating and information services costs and costs associated with related litigation. This appropriation is supplemental to that made by section 9 of chapter 446, Statutes of Nevada 1995, at page 1385.

      Sec. 2.  Any remaining balance of the supplemental appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 173, AB 263

Assembly Bill No. 263–Committee on Ways and Means

CHAPTER 173

AN ACT relating to state financial administration; revising the reversion for certain previously appropriated money for the Medicaid Managed Care Program; and providing other matters properly relating thereto.

 

[Approved June 23, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 3 of chapter 712, Statutes of Nevada 1995, at page 2720, is hereby amended to read as follows:

       Sec. 3.  Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, [1997,] 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 2.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 456ê

 

CHAPTER 174, AB 274

Assembly Bill No. 274–Committee on Health and Human Services

CHAPTER 174

AN ACT relating to state welfare administration; expanding the application of the provisions imposing liability for fraud in the Medicaid program; providing specific criminal penalties; clarifying certain provisions concerning civil penalties and limitations of actions; and providing other matters properly relating thereto.

 

[Approved June 23, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Statement or representation” includes, without limitation, a report, claim, certification, acknowledgment or ratification of:

      1.  Financial information;

      2.  An enrollment claim;

      3.  Demographic statistics;

      4.  Encounter data;

      5.  Health services available or rendered;

      6.  The qualifications of the persons rendering the health care or ancillary services; or

      7.  Any combination of subsections 1 to 6, inclusive.

      Sec. 3.  An action brought pursuant to NRS 422.540 to 422.580, inclusive, must be commenced within 4 years, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting a violation of NRS 422.540 to 422.580, inclusive.

      Sec. 4.  NRS 422.450 is hereby amended to read as follows:

      422.450  As used in NRS 422.450 to 422.580, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 422.460 to 422.520, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 422.490 is hereby amended to read as follows:

      422.490  “Provider” means a [person] :

      1.  Person who has applied to participate or who participates in the plan as the provider of goods or services [.] ; or

      2.  Private insurance carrier, health care cooperative or alliance, health maintenance organization, insurer, organization, entity, association, affiliation or person, who contracts to provide or provides goods or services that are reimbursed by or are a required benefit of the plan.

      Sec. 6.  NRS 422.530 is hereby amended to read as follows:

      422.530  For the purposes of NRS 422.540 and 422.550:

      1.  A person shall be deemed to have known that a claim, statement or representation was false if he knew, or by virtue of his position, authority or responsibility had reason to know, of the falsity of the claim, statement or representation.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 457 (Chapter 174, AB 274)ê

 

      2.  A person shall be deemed to have made or caused to be made a claim, statement or representation if he:

      (a) Had the authority or responsibility to:

             (1) Make the claim, statement or representation;

             (2) Supervise another who made the claim, statement or representation; or

             (3) Authorize the making of the claim, statement or representation,

whether by operation of law, business or professional practice, or office procedure; and

      (b) Exercised that authority or responsibility or failed to exercise that authority or responsibility and, as a direct or indirect result, the false claim, statement or representation was made.

      Sec. 7.  NRS 422.540 is hereby amended to read as follows:

      422.540  1.  A person , with the intent to defraud, commits an offense [and shall be punished as provided in NRS 205.380] if with respect to the plan he:

      [1.] (a) Makes a claim or causes it to be made, knowing the claim to be false, in whole or in part, by commission or omission;

      [2.] (b) Makes or causes to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide specific goods or services, knowing the statement or representation to be false, in whole or in part, by commission or omission;

      [3.] (c) Makes or causes to be made a statement or representation for use by another in obtaining goods or services pursuant to the plan, knowing the statement or representation to be false, in whole or in part, by commission or omission; or

      [4.] (d) Makes or causes to be made a statement or representation for use in qualifying as a provider, knowing the statement or representation to be false, in whole or in part, by commission or omission.

      2.  A person who commits an offense described in subsection 1 shall be punished for a:

      (a) Category D felony, as provided in NRS 193.130, if the amount of the claim or the value of the goods or services obtained or sought to be obtained was greater than or equal to $250.

      (b) Misdemeanor if the amount of the claim or the value of the goods or services obtained or sought to be obtained was less than $250.

Amounts involved in separate violations of this section committed pursuant to a scheme or continuing course of conduct may be aggregated in determining the punishment.

      3.  In addition to any other penalty for a violation of the commission of an offense described in subsection 1, the court shall order the person to pay restitution.

      Sec. 8.  NRS 422.550 is hereby amended to read as follows:

      422.550  1.  Each application or report submitted to participate as a provider, each report stating income or expense upon which rates of payment are or may be based, and each invoice for payment for goods or services provided to a recipient must contain a statement that all matters stated therein are true and accurate, signed by a natural person who is the provider or is authorized to act for the provider, under the pains and penalties of perjury.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 458 (Chapter 174, AB 274)ê

 

provider or is authorized to act for the provider, under the pains and penalties of perjury.

      2.  A person is guilty of perjury which is a category D felony and shall be punished as provided in NRS 193.130 if he signs or submits, or causes to be signed or submitted, such a statement, knowing that the application, report or invoice contains information which is false, in whole or in part, by commission or by omission.

      3.  For the purposes of this section, a person who signs on behalf of a provider is presumed to have the authorization of the provider and to be acting at his direction.

      Sec. 9.  NRS 422.580 is hereby amended to read as follows:

      422.580  1.  A provider who receives payment to which he is not entitled by reason of a violation of NRS 422.540, 422.550, 422.560 or 422.570 is liable for:

      (a) An amount equal to three times the amount unlawfully obtained;

      (b) Not less than $5,000 for each [act of deception;] false claim, statement or representation;

      (c) An amount equal to three times the total of the reasonable expenses incurred by the state in enforcing this section; and

      (d) Payment of interest on the amount of the excess payment at the rate fixed pursuant to NRS 99.040 for the period from the date upon which payment was made to the date upon which repayment is made pursuant to the plan.

      2.  A criminal action need not be brought against the provider before civil liability attaches under this section.

      3.  A provider who unknowingly accepts a payment in excess of the amount to which he is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this subsection that the provider returned or attempted to return the amount which was in excess of that to which he was entitled within a reasonable time after receiving it.

      4.  The attorney general shall cause appropriate legal action to be taken on behalf of the state to enforce the provisions of this section.

      5.  Any penalty or repayment of money collected pursuant to this section is hereby appropriated to provide medical aid to the indigent through programs administered by the welfare division.

________

 


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 459ê

 

CHAPTER 175, AB 509

Assembly Bill No. 509–Committee on Ways and Means

CHAPTER 175

AN ACT making an appropriation to the Division of State Lands of State Department of Conservation and Natural Resources for the purchase of property that is available in the Capitol Complex; and providing other matters properly relating thereto.

 

[Approved June 23, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Division of State Lands of State Department of Conservation and Natural Resources the sum of $151,500 for the purchase, including closing costs, of property located within the Capitol Complex at 303 South Roop Street in Carson City.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 176, SB 245

Senate Bill No. 245–Committee on Government Affairs

CHAPTER 176

AN ACT relating to taxation; revising the provisions governing compensation paid to the State of Nevada for the cost of collecting certain taxes; and providing other matters properly relating thereto.

 

[Approved June 23, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 374.785 is hereby amended to read as follows:

      374.785  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter must be paid to the department in the form of remittances payable to the department.

      2.  The department shall deposit the payments in the state treasury to the credit of the sales and use tax account in the state general fund.

      3.  The state controller, acting upon the collection data furnished by the department, shall, each month, from the sales and use tax account in the state general fund:

      (a) Transfer [1] .5 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 460 (Chapter 176, SB 245)ê

 

      (b) Transfer [1] .5 percent of all fees, taxes, interest and penalties collected during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax.

      (c) Determine for each county the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred pursuant to paragraph (a) of this subsection.

      (d) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state, less the amount transferred pursuant to paragraph (b) of this subsection, to the state distributive school account in the state general fund.

      (e) Transfer the amount owed to each county to the intergovernmental fund and remit the money to the credit of the county school district fund.

      4.  For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the privilege tax payable by the buyer upon that vehicle is distributed.

            Sec. 2.  NRS 377.050 is hereby amended to read as follows:

      377.050  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter must be paid to the department in the form of remittances made payable to the department.

      2.  The department shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund.

      3.  The state controller, acting upon the collection data furnished by the department, shall monthly transfer from the sales and use tax account [1] .5 percent of all fees, taxes, interests and penalties collected pursuant to this chapter during the preceding month to the appropriate account in the state general fund, before making the distributions required by NRS 377.055 and 377.057, as compensation to the state for the cost of collecting the tax.

      Sec. 3.  NRS 377A.050 is hereby amended to read as follows:

      377A.050  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the counties under this chapter must be paid to the department in the form of remittances payable to the department.

      2.  The department shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund.

      3.  The state controller, acting upon the collection data furnished by the department, shall monthly:

      (a) Transfer from the sales and use tax account [1] .5 percent of all fees, taxes, interest and penalties collected pursuant to this chapter during the preceding month to the appropriate account in the state general fund as compensation to the state for the cost of collecting the tax.

      (b) Determine for each county an amount of money equal to any fees, taxes, interest and penalties collected in or for that county pursuant to this chapter during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 461 (Chapter 176, SB 245)ê

 

      (c) Transfer the amount determined for each county to the intergovernmental fund and remit the money to the county treasurer.

      Sec. 4.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 177, SB 27

Senate Bill No. 27–Committee on Natural Resources

CHAPTER 177

AN ACT relating to estrays; expanding the definition of “estray” to include sheep or other animals of the ovine species; expanding immunity from liability for trespass, damage or injury caused by an estray; expanding the list of entities with which the division of agriculture of the department of business and industry may enter into a cooperative agreement for the control, placement or disposition of estray livestock; making it unlawful to feed an estray; authorizing the division to sell an injured, sick or otherwise debilitated estray under certain circumstances; shortening the period during which an estray must remain unclaimed before it is sold or given a placement or other disposition; requiring that an estray horse be branded before it is placed; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 23, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 569.005 is hereby amended to read as follows:

      569.005  As used in NRS 569.010 to 569.130, inclusive, unless the context otherwise requires : [otherwise:]

      1.  “Division” means the division of agriculture of the department of business and industry.

      2.  “Estray” means any livestock running at large upon public or private lands in the State of Nevada, whose owner is unknown in the section where [such] the animal is found.

      3.  “Livestock” means:

      (a) All cattle or animals of the bovine species;

      (b) All horses, mules, burros and asses or animals of the equine species;

      (c) All swine or animals of the porcine species;

      (d) All goats or animals of the caprine species; [and]

      (e) All sheep or animals of the ovine species; and

      (f) All poultry or domesticated fowl or birds.

      Sec. 2.  NRS 569.010 is hereby amended to read as follows:

      569.010  1.  Except as otherwise provided by law, all estrays within this state shall be deemed for the purpose of this section to be the property of the division.

      2.  The division has all rights accruing pursuant to the laws of this state to owners of such animals, and may:

      (a) Dispose of estrays by sale through an agent appointed by the division; or

      (b) Provide for the control, placement or disposition of estrays through cooperative agreements pursuant to NRS 569.031.

      3.  Except as otherwise provided by law, all money collected for the sale or for the injury or killing of any such animals must be held for 1 year, subject to the claim of any person who can establish legal title to any animal concerned.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 462 (Chapter 177, SB 27)ê

 

subject to the claim of any person who can establish legal title to any animal concerned. All money remaining unclaimed must be deposited in the livestock inspection account after 1 year. The division may disallow all claims if the division deems the claims illegal or not showing satisfactory evidence of title.

      4.  [The] Neither the division nor any political subdivision of this state is [not] liable for any trespass or other damage caused by any of such estrays.

      Sec. 3.  NRS 569.031 is hereby amended to read as follows:

      569.031  The division may enter into a cooperative agreement for the control, placement or disposition of the livestock with [the] another agency of this state or with a county, city, town, township , [or other] peace officer [or poundmaster.] , poundmaster or nonprofit organization. If an agreement is entered into, it must provide for:

      1.  The responsibility for the payment of the expenses incurred in taking up, holding, advertising and making the disposition of the estray, and any damages for trespass allowed pursuant to NRS 569.440;

      2.  The disposition of any money received from the sale of the livestock; [and]

      3.  The protection of the rights of a lawful owner of an estray pursuant to NRS 569.040 to 569.130, inclusive [.] ; and

      4.  The designation of the specific geographic area of this state to which the cooperative agreement applies.

The division shall annually review the actions of the cooperating person or entity for compliance with the agreement. The division may cancel the agreement upon a finding of noncompliant actions.

      Sec. 4.  NRS 569.040 is hereby amended to read as follows:

      569.040  1.  Except as otherwise provided in subsection 2, NRS 569.040 to 569.130, inclusive, or pursuant to a cooperative agreement established pursuant to NRS 569.031, it is unlawful for any person or his employees or agents, other than an authorized agent of the division, to [take] :

      (a) Take up any estray and retain possession of it [.] ; or

      (b) Feed any estray.

      2.  For a first violation of paragraph (b) of subsection 1, a person may not be cited or charged criminally but must be reminded that it is unlawful to feed an estray.

      Sec. 5.  NRS 569.070 is hereby amended to read as follows:

      569.070  1.  [Where] Except as otherwise provided in subsection 4, if the owner or probable owner of [estrays] an estray cannot with reasonable diligence be determined by the division or its [duly] authorized agent, the division shall advertise [them] the estray or cause [them] it to be advertised.

      2.  A notice of the estray , [or estrays,] with a full description, giving brands, marks and colors thereon, must be published in a newspaper published at the county seat of the county in which the estray [or estrays were] was taken up. If there is no newspaper published at the county seat of [such county, then] the county, the notice must be published in the newspaper published at the nearest point to [such] that county.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 463 (Chapter 177, SB 27)ê

 

      3.  Expenses incurred in carrying out the provisions of [this section] subsections 1 and 2 must be deducted from the proceeds of the sale of the [estrays] estray advertised.

      4.  Except as otherwise provided in NRS 562.420, the division may sell an injured, sick or otherwise debilitated estray if, as determined by the division, the sale of the estray is necessary to facilitate the placement or other disposition of the estray. If an estray is sold pursuant to this subsection, the division shall give a brand inspection clearance certificate to the purchaser.

      Sec. 6.  NRS 569.080 is hereby amended to read as follows:

      569.080  1.  If an estray is not claimed within [10] 5 working days after the last publication of the advertisement required by NRS 569.070, it must be:

      (a) Sold by the division; or

      (b) [Given] Held by the division until given a placement or other disposition through a cooperative agreement established pursuant to NRS 569.031.

      2.  If the division sells the estray, the division shall give a [bill of sale] brand inspection clearance certificate to the purchaser.

      3.  Estray horses must be marked or branded before placement.

      Sec. 7.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 8.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

________

 

CHAPTER 178, SB 366

Senate Bill No. 366–Committee on Transportation

CHAPTER 178

AN ACT relating to motor vehicles; eliminating the requirement that the department of motor vehicles and public safety collect fines for certain traffic violations before renewing the registration of a motor vehicle; prohibiting the department from renewing the registration of a motor vehicle if the registered owner of the motor vehicle has not provided a receipt to the department indicating that the fines for certain traffic violations have been paid; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.2805 is hereby amended to read as follows:

      482.2805  1.  Except as otherwise provided in [this section and NRS 482.2807,] subsection 3, the department shall not renew the registration of a motor vehicle if a local authority has filed with the department a notice of nonpayment pursuant to NRS 484.444 [and the registered owner of the vehicle has not paid the amount set forth in the notice and the administrative fee imposed pursuant to subsection 4,] unless, at [or before] the time for renewal of the registration, the registered owner [pays that amount] of the motor vehicle provides to the department [.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 464 (Chapter 178, SB 366)ê

 

renewal of the registration, the registered owner [pays that amount] of the motor vehicle provides to the department [.

      2.] a receipt issued by the local authority pursuant to NRS 482.2807.

      2.  If the registered owner provides a receipt to the department pursuant to subsection 1 and complies with the other requirements of this chapter, the department shall renew the registration of the motor vehicle.

      3.  The department shall renew the registration of a motor vehicle owned by a short-term lessor for which the department has received a notice of nonpayment pursuant to NRS 484.444 without [collecting the amount set forth in the notice] requiring the short-term lessor to provide a receipt pursuant to subsection 1 if the short-term lessor submits to the department a certificate issued by a local authority pursuant to subsection [3.

      3.] 4.

      4.  A local authority shall, upon request, issue to a short-term lessor a certificate which requires the department to renew the registration of a motor vehicle owned by the short-term lessor without [collecting the amount set forth in the notice of nonpayment filed with the department by the local authority pursuant to NRS 484.444,] requiring the short-term lessor to provide a receipt pursuant to subsection 1 if the short-term lessor provides the local authority with the name, address and number of the driver’s license of the short-term lessee who was leasing the vehicle at the time of the violation.

      [4.  Except as otherwise provided in NRS 482.2807, the department shall collect from each registered owner who pays to the department the amount set forth in the notice of nonpayment filed with the department by a local agency pursuant to NRS 484.444 an administrative fee of $10, which must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the cost of carrying out this section and NRS 482.2807.

      5.  The department shall renew the registration of a motor vehicle for which the department has received a notice of nonpayment pursuant to NRS 484.444 without collecting the amount set forth in the notice and the administrative fee imposed pursuant to subsection 4 if, before the expiration of the registration, the registered owner requests an extension of time for the payment of that amount and the administrative fee. If the registered owner fails to make such payment to the department within 90 days after the registration is renewed, the department shall rescind and cancel the registration of the motor vehicle.

      6.] 5.  Upon the request of the registered owner of a motor vehicle, the department shall provide a copy of the notice of nonpayment filed with the department by the local agency pursuant to NRS 484.444.

      6.  If the registration of a motor vehicle that is identified in a notice of nonpayment filed with the department by a local authority pursuant to NRS 484.444 is not renewed for two consecutive periods of registration, the department shall delete any records maintained by the department concerning that notice.

      7.  The department may require a local authority to pay a fee for the creation, maintenance or revision of a record of the department concerning a notice of nonpayment filed with the department by the local authority pursuant to NRS 484.444.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 465 (Chapter 178, SB 366)ê

 

pursuant to NRS 484.444. The department shall, by regulation, establish any fee required by this subsection. Any fees collected by the department pursuant to this subsection must be:

      (a) Deposited with the state treasurer for credit to the motor vehicle fund; and

      (b) Allocated to the department to defray the cost of carrying out the provisions of this section.

      Sec. 2.  NRS 482.2807 is hereby amended to read as follows:

      482.2807  [1.]  If a local authority files with the department a notice of nonpayment pursuant to NRS 484.444 and the registered owner of [a] the motor vehicle for which the department received the notice pays to the [department the amount set forth in the notice of nonpayment filed with the department by the local authority pursuant to NRS 484.444, the department shall:

      (a) Issue] local authority each civil penalty or criminal fine or other charge imposed by the local authority against the registered owner for a violation of:

      1.  The provisions of NRS 484.395 to 484.443, inclusive; or

      2.  An ordinance of the local authority authorized by chapter 484 of NRS that covers the same subject matter as the provisions of NRS 484.395 to 484.443, inclusive,

the local authority shall issue to the registered owner a receipt which indicates that the [amount set forth in the notice] the penalty, fine or charge has been paid . [;

      (b) Send, not later than 45 days after payment, a written notice to the local authority which filed the notice of nonpayment that the registered owner has paid the amount set forth in the notice;

      (c) Remit the amount collected, except the administrative fee imposed pursuant to NRS 482.2805, to the local authority which filed the notice of nonpayment within 30 days after the receipt of that amount; and

      (d) If the registered owner has complied with the other requirements of this chapter, renew the registration of the vehicle.

      2.  If the registration of a vehicle which is identified in the notice of nonpayment filed with the department by a local authority pursuant to NRS 484.444 is not renewed for two consecutive periods of registration, the department:

      (a) Shall notify the local authority which filed the notice of nonpayment that the vehicle has not been registered; and

      (b) Is not required to collect the amount set forth in that notice of nonpayment or the administrative fee required pursuant to NRS 482.2805.]

      Sec. 3.  NRS 484.444 is hereby amended to read as follows:

      484.444  1.  If the registered owner of a motor vehicle fails to pay any civil penalty or criminal fine or any other charge imposed [for any violation of the] against him for a violation of:

      (a) The provisions of NRS 484.395 to 484.443, inclusive [, including any civil penalty or criminal fine or other charge imposed pursuant to any] ; or

      (b) An ordinance of a local authority authorized by this chapter which covers the same subject matter as the provisions of NRS 484.395 to 484.443, inclusive, the local authority which imposed that penalty, fine or charge may file a notice of nonpayment with the department.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 466 (Chapter 178, SB 366)ê

 

the local authority which imposed that penalty, fine or charge may file a notice of nonpayment with the department.

      2.  The notice must include:

      (a) The time, place and date of each violation;

      (b) The number of the license plate of the vehicle and the make and model year of the vehicle;

      (c) The amount of the fine and any other charge imposed for each violation;

      (d) The total amount of money owed to the local authority for [all such] those violations; and

      (e) Any other information the department may require.

      3.  [Except as otherwise provided in NRS 482.2805 and 482.2807, the department shall, upon receipt of such a notice, collect the amount set forth in the notice when it collects the applicable fees for the renewal of the registration of the vehicle.

      4.]  The department shall adopt regulations which prescribe the form for the notice of nonpayment and any information which must be included in that notice.

      Sec. 4.  This act becomes effective upon passage and approval.

________

 

CHAPTER 179, SB 274

Senate Bill No. 274–Committee on Finance

CHAPTER 179

AN ACT relating to unarmed combat; requiring a promoter of a live professional wrestling contest, match or exhibition to pay a fee for the promotion of amateur boxing contests or exhibitions; increasing, under certain circumstances, the fee required to be paid by a promoter of a live professional boxing contest, match or exhibition for the same purpose; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 467.108 is hereby amended to read as follows:

      467.108  1.  [In] Except as otherwise provided in subsection 2, in addition to the payment of any other fees or taxes required by this chapter, a promoter shall pay to the commission a fee of [$0.50] $1 for each ticket sold for admission to a live professional boxing or wrestling contest, match or exhibition which is held in this state.

      2.  In lieu of the fee imposed pursuant to subsection 1, the executive director of the commission may require a promoter to pay to the commission a fee of $0.50 for each ticket sold for admission to a live professional boxing or wrestling contest, match or exhibition which is held in this state if the gross receipts from admission fees to the contest, match or exhibition are less than $500,000.

      3.  The money collected pursuant to [subsection 1] subsections 1 and 2 must be used by the commission to award grants to organizations which promote amateur boxing contests or exhibitions in this state.


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ê1997 Statutes of Nevada, Page 467 (Chapter 179, SB 274)ê

 

      [3.] 4.  The commission shall adopt by regulation the manner in which:

      (a) The fees required by [subsection 1] subsections 1 and 2 must be paid.

      (b) Applications for grants may be submitted to the commission and the standards to be used to award grants to organizations which promote amateur boxing contests or exhibitions in this state.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 180, AB 128

Assembly Bill No. 128–Committee on Government Affairs

CHAPTER 180

AN ACT relating to volunteer ambulance services; prohibiting the discharge of a volunteer ambulance driver or attendant from employment as a result of his service as a volunteer ambulance driver or attendant; prohibiting deductions from salaries of county, city, town and state employees for service as a volunteer ambulance driver or attendant; providing for the payment of the registration fees and other related costs for classes taken at the University and Community College System of Nevada by dependent children of volunteer ambulance drivers and attendants killed while engaged as volunteer ambulance drivers and attendants; increasing the wage deemed to be received by volunteer ambulance drivers and attendants for purposes of determining benefits for industrial insurance; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any person or other entity who is an employer or is vested with the power to discharge or recommend the discharge of a person who serves as a volunteer ambulance driver or attendant shall not deprive the person performing that service of his employment as a consequence of his action as a volunteer ambulance driver or attendant.

      2.  A person discharged in violation of subsection 1 may commence a civil action against his employer and obtain:

      (a) Wages and benefits lost as a result of the violation;

      (b) An order of reinstatement without loss of position, seniority or benefits;

      (c) Damages equal to the amount of lost wages and benefits; and

      (d) Reasonable attorney’s fees fixed by the court.

      3.  Any applicant for employment who is, and any employee who becomes, a volunteer ambulance driver or attendant must disclose that fact to his prospective or present employer.

      4.  As used in this section, “volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

      (a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this state; or

      (b) A political subdivision of this state.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 468 (Chapter 180, AB 128)ê

 

      Sec. 2.  NRS 245.055 is hereby amended to read as follows:

      245.055  1.  All county employees [shall] must be paid their salaries as fixed by law, ordinance or resolution without diminution on account of any time spent away from county employment while acting as [volunteer] :

      (a) Volunteer firemen of any regular organized and recognized fire department in the protection of life or property ; or

      (b) Volunteer ambulance drivers or attendants;

during working hours or fractions thereof which should otherwise have been devoted to county employment.

      2.  As used in this section, “volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

      (a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this state; or

      (b) A political subdivision of this state.

      Sec. 3.  NRS 268.404 is hereby amended to read as follows:

      268.404  1.  All employees of incorporated cities which have been organized [either under] pursuant to general law or [by] special charter [shall] must be paid their salaries as fixed by law or ordinance without diminution on account of any time spent away from city employment while acting as [volunteer] :

      (a) Volunteer firemen of any regular organized and recognized fire department in the protection of life or property ; or

      (b) Volunteer ambulance drivers or attendants,

during working hours or fractions thereof which should otherwise have been devoted to city employment.

      2.  As used in this section, “volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

      (a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this state; or

      (b) A political subdivision of this state.

      Sec. 4.  NRS 269.082 is hereby amended to read as follows:

      269.082  1.  All employees of unincorporated towns [shall] must be paid their salaries as fixed by law or ordinance without diminution on account of any time spent away from [such] town employment while acting as [volunteer] :

      (a) Volunteer firemen of any regular organized and recognized fire department in the protection of life or property ; or

      (b) Volunteer ambulance drivers or attendants,

during working hours or fractions thereof which should otherwise have been devoted to town employment.

      2.  As used in this section, “volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

      (a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this state; or

      (b) A political subdivision of this state.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 469 (Chapter 180, AB 128)ê

 

      Sec. 5.  NRS 284.357 is hereby amended to read as follows:

      284.357  1.  All employees, whether in the classified or in the unclassified service of the State of Nevada, must be paid their salaries as fixed by law without diminution on account of any time spent away from state employment while acting as:

      [1.] (a) Volunteer firemen of any regular organized and recognized fire department in the protection of life or property;

      [2.] (b) Volunteer emergency medical technicians certified pursuant to chapter 450B of NRS; [or

      3.] (c) Volunteer reserve members of a police department or a sheriff’s office [,] ; or

      (d) Volunteer ambulance drivers or attendants,

during working hours or fractions thereof which should otherwise have been devoted to state employment.

      2.  As used in this section, “volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

      (a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this state; or

      (b) A political subdivision of this state.

      Sec. 6.  NRS 396.545 is hereby amended to read as follows:

      396.545  1.  To the extent of legislative appropriation, the board of regents shall pay all registration fees, laboratory fees and expenses for required textbooks and course materials assessed against or incurred by a dependent child of [a] :

      (a) A police officer, fireman or officer of the Nevada highway patrol who was killed in the line of duty ; or

      (b) A volunteer ambulance driver or attendant who was killed while engaged as a volunteer ambulance driver or attendant,

for classes taken towards satisfying the requirements of an undergraduate degree at a school within the University and Community College System of Nevada. No such payment may be made for any fee assessed after the child reaches the age of 23 years.

      2.  There is hereby created in the state treasury a trust fund for the education of dependent children. The board of regents shall administer the trust fund. The board of regents may accept gifts and grants for deposit in the trust fund. All money held by the state treasurer or received by the board of regents for that purpose must be deposited in the trust fund. The money in the trust fund must be invested as the money in other state funds is invested. After deducting all applicable charges, all interest and income earned on the money in the trust fund must be credited to the trust fund.

      3.  As used in this section:

      (a) “Fireman” means a person who is a salaried employee or volunteer member of a fire prevention or suppression unit organized by a local government and whose principal duty is to control and extinguish fires.

      (b) “Local government” means a county, city, unincorporated town or metropolitan police department.


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ê1997 Statutes of Nevada, Page 470 (Chapter 180, AB 128)ê

 

      (c)“Police officer” means a person who is a salaried employee of a police department or other law enforcement agency organized or operated by a local government and whose principal duty is to enforce the law.

      (d) “Volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

             (1) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this state; or

             (2) A political subdivision of this state.

      Sec. 7.  NRS 616A.155 is hereby amended to read as follows:

      616A.155  [Members] A member of a nonprofit service [organizations and clubs,] organization or club, while engaged in rendering volunteer ambulance service in any county, city or town, shall be deemed [,] for the purpose of chapters 616A to 616D, inclusive, of NRS, [employees of such organizations or clubs,] an employee of the organization or club, at a wage of [$300] $2,000 per month, and [shall be] is entitled to the benefits of those chapters [upon such organizations or clubs complying] if the organization or club complies therewith.

      Sec. 8.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 9.  The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.

      Sec. 10.  This act becomes effective upon passage and approval.

________

 

CHAPTER 181, AB 125

Assembly Bill No. 125—Committee on Government Affairs

CHAPTER 181

AN ACT relating to public purchasing; revising certain provisions governing the maintenance of records relating to state purchasing; establishing a deadline for the adoption of certain regulations by the chief of the purchasing division of the department of administration; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 333.180 is hereby amended to read as follows:

      333.180  [1.]  The chief shall collect, classify and [keep on file] maintain accurate information concerning:

      [(a)] 1.  The sources, grades, qualities and costs of the various kinds of supplies, materials and equipment required by the state; and

      [(b)] 2.  The names and addresses of the persons from whom commodities of the various classes are available.

      [2.  The record of sources of commodities must be maintained on a form, which must be filed in alphabetical order by the name of the commodity. On the face of each form the name of the commodity and a brief description of it must be recorded, and on the reverse side a list of the dealers from whom the commodity is available must be recorded.


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ê1997 Statutes of Nevada, Page 471 (Chapter 181, AB 125)ê

 

      3.  A record of dealers must be maintained on a form, which must be filed by the name of the dealer in alphabetical order. On each form the following information must be recorded:

      (a) The name and address of each dealer; and

      (b) A condensed description of the principal kinds of commodities in which he deals.

      4.  The records must be revised and supplemented from time to time. The chief may remove from the records the name of any dealer who does not respond to a request for a bid or proposal.]

      Sec. 2.  NRS 333.200 is hereby amended to read as follows:

      333.200  1.  The chief shall cause to be maintained perpetual inventory records of all supplies and materials stored centrally . [or by the using agencies.]

      2.  The chief shall:

      (a) Control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used.

      (b) Produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period by each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices and experience with the vendors supplying the different classes of supplies.

      (c) Price supplies and materials when purchased and when charged out of stock as used.

      (d) Transfer surplus supplies and materials to points where they can be used advantageously.

      (e) Direct and make test checks of physical inventories.

      (f) Supervise the taking of annual inventories.

      (g) Instruct storekeepers in the prescribed procedures for controlling stored materials.

      3.  The stores records must be so maintained as to show:

      (a) The quantity of each commodity on hand.

      (b) The average unit cost, including transportation charges.

      (c) The total cost of the supply on hand.

      (d) The minimum quantity that should be kept in stock.

      (e) The maximum quantity that should be kept in stock at any one time.

      [4.  After all records of previous quantities used by using agencies are compiled, a model stock system must be set up to control inventories that are on hand and on order. Inventory controlling accounts, limited to recording the costs of supplies purchased, the costs of supplies issued and used and the value of the stock on hand, must be maintained. However, such inventories of the department of transportation, the state printing division of the department of administration and the University and Community College System of Nevada must be maintained by those agencies respectively in accordance with the uniform regulations as provided in this chapter and as may be hereafter adopted by the chief.]

      Sec. 3.  NRS 396.436 is hereby amended to read as follows:

      396.436  The board of regents shall cause perpetual inventory records and controls to be maintained for all equipment, materials and supplies stored or used by or belonging to the system.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 472 (Chapter 181, AB 125)ê

 

stored or used by or belonging to the system. Copies of current inventory records and controls must be delivered to the chief of the purchasing division of the department of administration, and the copies must satisfy the requirements of NRS [333.200.] 333.220.

      Sec. 4.  The chief of the purchasing division of the department of administration shall adopt the regulations required pursuant to NRS 333.155 on or before January 1, 1998.

      Sec. 5.  1.  This section and sections 1, 2 and 3 of this act become effective on October 1, 1997.

      2.  Section 4 of this act becomes effective upon passage and approval.

________

 

CHAPTER 182, SB 344

Senate Bill No. 344–Committee on Judiciary

CHAPTER 182

AN ACT relating to service of process; imposing additional requirements for filing certain service of process with the secretary of state; eliminating the authority to file service of process on certain companies and corporations with the secretary of state; requiring a complaint brought against the State of Nevada to be served upon the attorney general; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 14.030 is hereby amended to read as follows:

      14.030  1.  If any such company, association or municipal corporation [shall fail] fails to appoint [such] a resident agent, or [fail] fails to file [such] a certificate of acceptance of appointment for 30 days after a vacancy occurs in such agency, on the production of a certificate of the secretary of state showing either fact, which certificate [shall be] is conclusive evidence of the fact so certified to be made a part of the return of service, [it shall be lawful to serve such] the company, association or municipal corporation may be served with any and all legal process by delivering a copy to the secretary of state, or, in his absence, to any [duly appointed and acting] deputy secretary of state, and such service [shall be] is valid to all intents and purposes. The copy must:

      (a) Include a specific citation to the provisions of this section. The secretary of state may refuse to accept such service if the proper citation is not included.

      (b) Be accompanied by a fee of $10.

The secretary of state shall keep a copy of the legal process received pursuant to this section in his office for at least 1 year after receipt thereof and shall make those records available for public inspection during normal business hours.

      2.  In all cases of such service , the defendant [shall have] has 40 days , [(] exclusive of the day of service , [)] within which to answer or plead.

      3.  Before such service [shall be] is authorized, the plaintiff shall make or cause to be made and filed an affidavit setting forth the facts, showing that due diligence has been used to ascertain the whereabouts of the officers of such company, association or municipal corporation, and the facts showing that direct or personal service on, or notice to, such corporation , association or municipal corporation cannot be had.


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ê1997 Statutes of Nevada, Page 473 (Chapter 182, SB 344)ê

 

that due diligence has been used to ascertain the whereabouts of the officers of such company, association or municipal corporation, and the facts showing that direct or personal service on, or notice to, such corporation , association or municipal corporation cannot be had.

      4.  If it [shall appear from such] appears from the affidavit that there is a last known address of such company, association or municipal corporation, or any known officers thereof, the plaintiff shall, in addition to and after such service on the secretary of state, mail or cause to be mailed to such corporation, association or municipal corporation, or to [such] the known officer, at such address, by registered or certified mail, a copy of the summons and a copy of the complaint, and in all such cases the defendant [shall have] has 40 days [from] after the date of [such] the mailing within which to appear in the action.

      5.  This section [shall be construed as giving] provides an additional [mode and] manner of serving process, and [as not affecting] does not affect the validity of any other valid service.

      Sec. 2.  NRS 14.080 is hereby amended to read as follows:

      14.080  1.  Any company, firm, partnership, corporation or association created and existing under the laws of any other state, territory, foreign government or the Government of the United States, which manufactures, produces, makes, markets or otherwise supplies directly or indirectly any product for distribution, sale or use in this state may be lawfully served with any legal process in any action to recover damages for an injury to a person or property resulting from such distribution, sale or use in this state [in the manner prescribed in this section.

      2.  Service of process as authorized under the provisions of subsection 1 shall be accomplished:

      (a) By delivering a copy of such process to the secretary of state; and

      (b) By] by mailing to the last known address of the company, firm, partnership, corporation or association, by registered or certified mail return receipt requested, a copy of the summons and a copy of the complaint.

      [3.] 2.  In all cases of such service , the defendant [shall have] has 40 days, exclusive of the day of service, within which to answer or plead.

      [4.] 3.  This section provides an additional manner of serving process and does not invalidate any other service.

      Sec. 3.  NRS 41.031 is hereby amended to read as follows:

      41.031  1.  The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, 485.318, subsection [4] 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.010 or the limitations of NRS 41.032 to 41.036, inclusive . [, or the limitations of NRS 41.010.] The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, subsection [4] 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.


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ê1997 Statutes of Nevada, Page 474 (Chapter 182, SB 344)ê

 

immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.

      2.  An action may be brought under this section against the State of Nevada or any political subdivision of the state. In any action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the state whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause or some part thereof arose or in Carson City. In an action against the State of Nevada, the summons and a copy of the complaint must be served upon [the secretary of state and the] :

      (a) The attorney general, or a person designated by the attorney general, at the office of the attorney general in Carson City; and

      (b) The person serving in the office of administrative head of the named agency.

      3.  [Upon receipt of such a complaint, the secretary of state shall deliver a copy of the complaint to the attorney general.

      4.]  The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.

      Sec. 4.  NRS 78.750 is hereby amended to read as follows:

      78.750  1.  In any action commenced against any corporation in any court of this state, service of process may be made in the manner provided by law and rule of court for the service of civil process.

      2.  Service of process on a corporation which has been continued as a body corporate under NRS 78.585 may be made by mailing copies of the process and any associated documents by certified mail, with return receipt requested, to:

      (a) [The secretary of state;

      (b)] The resident agent of the corporation, if there is one; and

      [(c)] (b) Each officer and director of the corporation as named in the list last filed with the secretary of state before the dissolution or expiration of the corporation or the forfeiture of its charter.

The manner of serving process described in this subsection does not affect the validity of any other service authorized by law.

      Sec. 5.  NRS 86.261 is hereby amended to read as follows:

      86.261  1.  The resident agent appointed by a limited-liability company is an agent of the company upon whom any process, notice or demand required or permitted by law to be served upon the company may be served.

      2.  [If a limited-liability company fails to appoint or maintain a resident agent in this state, or if its resident agent cannot with reasonable diligence be found at the registered office, then the secretary of state is an agent of the company upon whom any process, notice or demand may be served. Service on the secretary of state of any process, notice or demand must be made by delivering to and leaving with him, or with any clerk of his office, duplicate copies of the process, notice or demand. If any process, notice or demand is served on the secretary of state, he shall immediately cause one of the copies thereof to be forwarded by registered mail addressed to the limited-liability company at its registered office. Any service so had on the secretary of state must be returnable in not less than 30 days.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 475 (Chapter 182, SB 344)ê

 

      3.  The secretary of state shall keep a record of all process, notices and demands served upon him pursuant to this section and shall record therein the time of service and his action with reference thereto.

      4.]  This section does not limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon a limited-liability company in any other manner permitted by law.

      Sec. 6.  NRS 119.130 is hereby amended to read as follows:

      119.130  1.  No subdivision or lot, parcel, unit or interest in any subdivision may in any way be offered or sold in this state by any person until:

      [1.] (a) He has appointed in writing the secretary of state to be his [attorney,] agent, upon whom all process, in any action or proceeding against him, may be served, and in this writing he agrees that any process against him which is served on the secretary of state is of the same legal validity as if served on him and that the appointment continues in force as long as any liability remains outstanding against him in this state. The written appointment must be acknowledged before a [person authorized to take acknowledgments of deeds] notary public and must be filed in the office of the secretary of state [.] with a fee of $10 for accepting and transmitting any legal process served on the secretary of state. Copies certified by the secretary of state are sufficient evidence of the appointment and agreement.

      [2.] (b) He has received a license under NRS 119.160.

      2.  Service of process authorized by paragraph (a) of subsection 1 must be made by filing with the secretary of state:

      (a) Two copies of the legal process. The copies must include a specific citation to the provisions of this section. The secretary of state may refuse to accept such service if the proper citation is not included in each copy.

      (b) A fee of $10.

The secretary of state shall forthwith forward one copy of the legal process to the licensee, by registered or certified mail prepaid to the licensee.

      Sec. 7.  NRS 599B.210 is hereby amended to read as follows:

      599B.210  1.  Every registrant, other than a registrant incorporated in this state, shall file with the secretary of state an irrevocable consent appointing the secretary of state as his agent to receive service of any lawful process in any action or proceeding against him arising pursuant to this chapter. Any lawful process against the registrant served upon the secretary of state as provided in subsection 2 has the same force and validity as if served upon the registrant personally.

      2.  [Process] Service of process authorized by subsection 1 must be [served by delivering to and leaving] made by filing with the secretary of state [duplicate] :

      (a) Two copies of the process . [with payment of a] The copies must include a specific citation to the provisions of this section. The secretary of state may refuse to accept such service if the proper citation is not included in each copy.

      (b) A fee of $10.

The secretary of state shall forthwith forward one copy of the process by registered or certified mail prepaid to the registrant, or in the case of a registrant organized under the laws of a foreign government, to the United States manager or last appointed United States general agent of the registrant, giving the day and the hour of the service.


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ê1997 Statutes of Nevada, Page 476 (Chapter 182, SB 344)ê

 

registrant organized under the laws of a foreign government, to the United States manager or last appointed United States general agent of the registrant, giving the day and the hour of the service.

      3.  Service of process is not complete until the copy thereof has been mailed and received by the registrant, and the receipt of the addressee is prima facie evidence of the completion of the service.

      4.  If service of summons is made upon the secretary of state in accordance with the provisions of this section, the time within which the registrant is required to appear is extended 10 days.

      Sec. 8.  NRS 662.245 is hereby amended to read as follows:

      662.245  1.  Except as otherwise specifically provided by statute, no bank or other organization, and no officer, employee or agent of such an organization, acting on its behalf, may be appointed to act as fiduciary by any court or by authority of any law of this state unless, in addition to any other requirements of law, the bank or other organization:

      (a) Is organized under the laws of and has its principal place of business in this state or is a depository institution authorized by the commissioner to operate a branch or agency in this state;

      (b) Is a national banking association which has its principal place of business in this state;

      (c) Associates as cofiduciary a bank whose principal place of business is in this state; or

      (d) Is a national bank, banking corporation, trust corporation or trust company which:

             (1) Is organized under the laws of and has its principal place of business in another state which allows banks, trust corporations or trust companies organized under the laws of this state to act as fiduciary;

             (2) Is authorized by its charter to act as fiduciary; and

             (3) Before the appointment as fiduciary, files with the secretary of state a document, acknowledged before a [person authorized to take acknowledgments of deeds,] notarial officer, which:

                   (I) Appoints the secretary of state as its [attorney] agent upon whom all process in any action or proceeding against it may be served; [and]

                   (II) Contains its agreement that the appointment continues in force as long as any liability remains outstanding against it in this state, and that any process against it which is served on the secretary of state is of the same legal validity as if served on it personally [.] ;

                   (III) Contains an address to which the secretary of state may mail the process when received; and

                   (IV) Is accompanied by a fee of $10.

A copy of the document required by this subparagraph, certified by the secretary of state, is sufficient evidence of the appointment and agreement.

      2.  A court with jurisdiction over the accounts of a fiduciary that is a national bank, banking corporation, trust corporation or trust company described in paragraph (d) of subsection 1, may require such a fiduciary to provide a bond to ensure the performance of its duties as fiduciary, in the same manner and to the same extent as the court may require such a bond from a fiduciary that is a banking or other corporation described in paragraph (a) or (b) of subsection 1.


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ê1997 Statutes of Nevada, Page 477 (Chapter 182, SB 344)ê

 

      3.  Service of process authorized by subparagraph (3) of paragraph (d) of subsection 1 must be made by filing with the secretary of state:

      (a) Two copies of the legal process. The copies must include a specific citation to the provisions of this section. The secretary of state may refuse to accept such service if the proper citation is not included in each copy.

      (b) A fee of $10.

The secretary of state shall forthwith forward one copy of the legal process to the bank or other organization, by registered or certified mail prepaid to the address provided in the document filed pursuant to subparagraph (3) of paragraph (d) of subsection 1.

      4.  As used in this section:

      (a) “Fiduciary” means an executor, commissioner, guardian of minors or estates, receiver, depositary or trustee.

      (b) “Notarial officer” has the meaning ascribed to it in NRS 240.005.

      (c) “State” means any state or territory of the United States, or the District of Columbia.

________

 

CHAPTER 183, AB 226

Assembly Bill No. 226–Committee on Ways and Means

CHAPTER 183

AN ACT making an appropriation for the purchase of vehicles for the State Fire Marshal Division of the Department of Motor Vehicles and Public Safety; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the State Fire Marshal Division of the Department of Motor Vehicles and Public Safety the sum of $114,084 for the purchase of vehicles.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 


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ê1997 Statutes of Nevada, Page 478ê

 

CHAPTER 184, AB 427

Assembly Bill No. 427–Committee on Judiciary

CHAPTER 184

AN ACT relating to civil actions; changing the limit of time within which actions for malpractice may be commenced against accountants, accounting firms, attorneys and veterinarians; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 11 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An action against an accountant or accounting firm to recover damages for malpractice must be commenced within:

      (a) Two years after the date on which the alleged act, error or omission is discovered or should have been discovered through the use of reasonable diligence;

      (b) Four years after completion of performance of the service for which the action is brought; or

      (c) Four years after the date of the initial issuance of the report prepared by the accountant or accounting firm regarding the financial statements or other information,

whichever occurs earlier.

      2.  The time limitation set forth in subsection 1 is tolled for any period during which the accountant or accounting firm conceals the act, error or omission upon which the action is founded and which is known or through the use of reasonable diligence should have been known to him or the firm.

      3.  As used in this section, “accountant” means a person certified or registered as a public accountant pursuant to chapter 628 of NRS who holds a live permit, as defined in NRS 628.019.

      Sec. 2.  NRS 11.207 is hereby amended to read as follows:

      11.207  1.  [No] An action against [any accountant,] an attorney or veterinarian to recover damages for malpractice, whether based on a breach of duty or contract, [may] must be commenced [more than] within 4 years after the plaintiff sustains damage [and] or within 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the material facts which constitute the cause of action [.] , whichever occurs earlier.

      2.  This time limitation is tolled for any period during which the [accountant,] attorney or veterinarian conceals any act, error or omission upon which the action is founded and which is known or through the use of reasonable diligence should have been known to him.

      Sec. 3.  The amendatory provisions of this act do not apply to an action filed before July 1, 1997.

      Sec. 4.  This act becomes effective on July 1, 1997.

________

 


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ê1997 Statutes of Nevada, Page 479ê

 

CHAPTER 185, AB 327

Assembly Bill No. 327–Assemblymen Carpenter, de Braga, Neighbors, Hettrick, Dini, Segerblom, Bache and Marvel

CHAPTER 185

AN ACT relating to noxious weeds; revising provisions relating to the control of noxious weeds; authorizing the board of trustees of a general improvement district to provide for the control of noxious weeds; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 555.005 is hereby amended to read as follows:

      555.005  As used in this chapter, unless the context requires otherwise:

      1.  “Administrator” means the administrator of the division.

      2.  “Division” means the division of agriculture of the department of business and industry.

      3.  “Noxious weed” means any species of plant which is, or is likely to be, detrimental or destructive and difficult to control or eradicate.

      4.  “Vertebrate pest” means any animal of the subphylum Vertebrata, except predatory animals, which is normally considered to be a pest, such as a gopher, ground squirrel, rat, mouse, starling or blackbird, or which the administrator may declare to be a pest.

      Sec. 2.  NRS 555.010 is hereby amended to read as follows:

      555.010  Within the limits of any appropriation made by law, the administrator [is authorized to investigate] may:

      1.  Investigate the prevalence of ; and

      2.  Take the necessary action to control,

vertebrate and invertebrate pests of plants and animals, plant diseases , [and] physiological plant disorders [which may be injurious to the agricultural industry] and noxious weeds for the protection of the crops, livestock, public health, wildlife, water quality and beneficial uses of land in the State of Nevada . [, and institute and carry out such measures for their control as may be required to protect the agricultural industry against loss.]

      Sec. 3.  NRS 555.130 is hereby amended to read as follows:

      555.130  The state quarantine officer [is authorized and empowered to designate and] may declare by regulation the [injurious and noxious] weeds of the state [, but no weed shall be so] that are noxious weeds, but a weed must not be designated as [injurious and] noxious which is already introduced and established in the state to such an extent as to make its control or eradication impracticable in the judgment of the state quarantine officer.

      Sec. 4.  NRS 555.140 is hereby amended to read as follows:

      555.140  1.  The state quarantine officer shall carry out and enforce the provisions of NRS 555.130 to 555.220, inclusive.

      2.  [For the purpose of securing] To secure information better to carry out the provisions of NRS 555.130 to 555.220, inclusive, the state quarantine officer may conduct reasonably limited trials of various methods of controlling or eradicating [injurious and] noxious or potentially [injurious and] noxious weeds under practical Nevada conditions.


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ê1997 Statutes of Nevada, Page 480 (Chapter 185, AB 327)ê

 

of controlling or eradicating [injurious and] noxious or potentially [injurious and] noxious weeds under practical Nevada conditions.

      3.  The state quarantine officer may provide supervision and technical advice in connection with any project approved by him for the control or eradication of any [injurious and] noxious weed or weeds in this state.

      4.  All funds appropriated for, or received incident to, the control or eradication of any [injurious and] noxious weeds [shall] must be available for carrying out the provisions of NRS 555.130 to 555.220, inclusive.

      Sec. 5.  NRS 555.150 is hereby amended to read as follows:

      555.150  Every railroad, canal, ditch or water company, and every person owning, controlling or occupying lands in this state, and every county, incorporated city or district having the supervision and control over streets, alleys, lanes, rights of way, or other lands, shall cut, destroy or eradicate all weeds declared and designated as [injurious and] noxious as provided in NRS 555.130, before such weeds propagate and spread, and whenever required by the state quarantine officer.

      Sec. 6.  NRS 555.160 is hereby amended to read as follows:

      555.160  1.  The state quarantine officer shall make or have made a careful examination and investigation of the spread, development and growth of [injurious and] noxious weeds in this state. Upon the discovery of such weeds he shall ascertain the name of the owner or occupant of the land and the description of the land where the weeds are found. He may serve notice in writing upon the owner or occupant of the land to cut, eradicate or destroy such weeds within such time and in such manner as designated and described in the notice. One such notice shall be deemed sufficient for the entire season of weed growth during that year.

      2.  Notices may be served upon the owner or occupant by an officer or employee of the division, and must be served in writing, personally or by certified mail, with receipt given therefor.

      Sec. 7.  NRS 555.190 is hereby amended to read as follows:

      555.190  Any expense incurred by any county in the cutting, destroying or eradicating of [injurious or] noxious weeds from any street, lane, alley or other property owned or controlled by an incorporated city in that city, in accordance with the provisions of NRS 555.170, must be repaid to the county from the general fund of the incorporated city, upon presentation to the governing body of the incorporated city of an itemized statement of the expense so incurred.

      Sec. 8.  NRS 555.200 is hereby amended to read as follows:

      555.200  1.  Whenever [any injurious or] a noxious weed is found growing upon the public domain or any other lands in this state owned by the Federal Government, the state quarantine officer may serve notice, as provided in NRS 555.160, upon the person within the county or this state who is in charge of the activities of the federal agency having control or jurisdiction of the land.

      2.  If the agency described in the notice fails or refuses to comply with the notice, the state quarantine officer may provide for the cutting, destruction or eradication of the weeds in any manner permitted by federal law. The state quarantine officer or the political subdivision shall seek reimbursement from the Federal Government for any expense incurred by the state or the political subdivision pursuant to this section.


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ê1997 Statutes of Nevada, Page 481 (Chapter 185, AB 327)ê

 

reimbursement from the Federal Government for any expense incurred by the state or the political subdivision pursuant to this section.

      Sec. 9.  NRS 555.203 is hereby amended to read as follows:

      555.203  1.  The board of county commissioners of any county [shall] may, in accordance with chapter 308 of NRS, create one or more weed control districts in that portion of the county which lies outside any incorporated city . [if there is filed] Creation of such a district may be initiated by the board of county commissioners or by a petition which:

      (a) Designates the area to be included in the weed control district, either as the entire unincorporated area of the county or by sections or parts of sections with appropriate township and range references; and

      (b) Is signed by [owners] an owner of land within the proposed weed control district . [who:

             (1) Are 60 percent or more of the total number of such owners; and

             (2) Own 50 percent or more in assessed valuation, as shown by the current assessment roll, of the lands to be included.

      2.  If the land to be included in the weed control district is situated within two or more counties, the petition must designate the area of each of the counties to be included in the district and must be signed by owners of land within the proposed district who:

      (a) Are 60 percent or more of the total number of such owners in each of the counties from which lands are to be included; and

      (b) Own 50 percent or more in assessed valuation, as shown by the current assessment roll, of the lands to be included in each of the counties.

The petition must be filed with the board of county commissioners of the county in which is located the larger or largest proportion of the area, and that board of county commissioners has jurisdiction over the entire area for the purpose of creating the district and, except as otherwise provided in NRS 555.202 to 555.210, inclusive, for carrying out the duties of county commissioners with respect to the district.

      3.] 2.  Lands proposed for inclusion in a weed control district need not be contiguous.

      [4.] 3.  Before creating a weed control district, the board of county commissioners shall [hold] :

      (a) Hold at least one public hearing [, of which they shall give notice by publication, in a newspaper of general circulation in the county, of at least one notice published not less than 10 days before the date of the hearing.] pursuant to NRS 308.070. At this hearing, the board of county commissioners shall entertain applications for the exclusion of lands, designated by sections or parts of sections as prescribed in subsection 1, from the proposed district, if any such application is made. The board of county commissioners shall exclude any such lands as to which it is shown to their satisfaction that any weeds which exist on that land do not render substantially more difficult the control of weeds on other lands in the proposed district.

      (b) Provide for the hearing of protests against the establishment of the district in the manner set forth in NRS 318.065 and 318.070.


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ê1997 Statutes of Nevada, Page 482 (Chapter 185, AB 327)ê

 

      4.  The board of trustees of a general improvement district may, in accordance with NRS 318.077, add to the basic powers of the district the control and eradication of noxious weeds.

      Sec. 10.  NRS 555.217 is hereby amended to read as follows:

      555.217  1.  The boundaries of a weed control district may be changed in the manner prescribed in this section [,] or in subsection 3 of NRS 308.080, but the change of boundaries of the district does not:

      (a) Impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever.

      (b) Affect or impair or discharge any contract, obligation, lien or charge for or upon which it or the owners of property in the district might be liable or chargeable had the change of boundaries not been made.

      2.  The owners of lands may file with the board of directors a petition in writing praying that those lands be included in or excluded from the district. The petition must describe the tracts or body of land owned by the petitioners, and the petition shall be deemed to give the consent of the petitioners to the inclusion in or the exclusion from the district of the lands described in the petition. The petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged.

      3.  The board of directors of the district may, on its own motion or upon petition of any person other than the owner, initiate proceedings for the inclusion of land in the district. A petition filed with the board of directors for this purpose must be in writing and must describe the tracts or body of land proposed to be included, allege that the lands described contain certain weeds that are harmful to owners of land in the district and request that the lands be included in the district.

      4.  Areas proposed for inclusion in a weed control district need not be located in the same county as other portions of the district and need not be contiguous to other portions of the district.

      5.  The secretary of the board shall give notice of filing of the petition, or initiation of proceedings by the board, to the owner or owners of the lands described in the petition or motion of the board and shall cause notice to be published in a newspaper of general circulation in the county in which the lands described are situated. The notices must require all persons interested to appear at the office of the board at the time specified in the notice and show cause in writing why the request should not be granted.

      6.  The board shall at the time specified in the notice, or at the time or times to which the hearing may be adjourned, proceed to hear the request and all written objections presented to show cause why the request should not be granted. The failure of any person interested to show cause in writing must be considered an approval by that person of the inclusion in or the exclusion from the district of the lands as requested.

      7.  Upon conclusion of the hearing the board by resolution shall approve the request, subject to ratification by the board of county commissioners of the county in which the lands are situated if the request is for the inclusion of lands, or deny the request. In the case of proceedings initiated pursuant to subsection 3, the board may approve the inclusion in the district of the described lands only if it determines that the lands contain weeds that are harmful to owners of land in the district. The board may defer adoption of the resolution to a special meeting or its first regular meeting after conclusion of the hearing, whichever is sooner.


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ê1997 Statutes of Nevada, Page 483 (Chapter 185, AB 327)ê

 

the resolution to a special meeting or its first regular meeting after conclusion of the hearing, whichever is sooner.

      8.  A copy of the resolution, adopted pursuant to subsection 7, must be filed with the board of county commissioners of each county in which all or a part of the district is located.

      9.  No action of the board of directors approving the inclusion of lands within the district becomes effective unless it is ratified by the board of county commissioners of the county in which the lands are situated. The board of county commissioners may ratify the action at any time after the filing of the resolution, but if the board has neither ratified the action nor denied ratification within 90 days after the date the resolution was filed pursuant to subsection 8, the action of the board of directors shall be deemed ratified.

      Sec. 11.  NRS 308.020 is hereby amended to read as follows:

      308.020  1.  The Special District Control Law applies to:

      (a) Any special district whose formation is initiated by a board of county commissioners; and

      (b) Any petition for the formation of any proposed special district filed with any board of county commissioners.

      2.  As used in this chapter “special district” means any water district, sanitation district, water and sanitation district, municipal power district, mosquito abatement district, public cemetery district, swimming pool district, television maintenance district, weed control district, general improvement district, or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in Title 25 of NRS, but excludes:

      (a) All local improvement districts created pursuant to chapter 309 of NRS; and

      (b) All housing authorities.

      Sec. 12.  NRS 318.116 is hereby amended to read as follows:

      318.116  Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:

      1.  Furnishing electric light and power, as provided in NRS 318.117;

      2.  Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;

      3.  Furnishing facilities or services for public cemeteries, as provided in NRS 318.119;

      4.  Furnishing facilities for swimming pools, as provided in NRS 318.1191;

      5.  Furnishing facilities for television, as provided in NRS 318.1192;

      6.  Furnishing facilities for FM radio, as provided in NRS 318.1187;

      7.  Furnishing streets and alleys, as provided in NRS 318.120;

      8.  Furnishing curb, gutter and sidewalks, as provided in NRS 318.125;

      9.  Furnishing sidewalks, as provided in NRS 318.130;

      10.  Furnishing facilities for storm drainage or flood control, as provided in NRS 318.135;


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ê1997 Statutes of Nevada, Page 484 (Chapter 185, AB 327)ê

 

      11.  Furnishing sanitary facilities for sewerage, as provided in NRS 318.140;

      12.  Furnishing facilities for lighting streets, as provided in NRS 318.141;

      13.  Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142;

      14.  Furnishing recreational facilities, as provided in NRS 318.143;

      15.  Furnishing facilities for water, as provided in NRS 318.144;

      16.  Furnishing fencing, as provided in NRS 318.1195;

      17.  Furnishing facilities for protection from fire, as provided in NRS 318.1181;

      18.  Furnishing energy for heating, as provided in NRS 318.1175; [and]

      19.  Furnishing emergency medical services, as provided in NRS 318.1185[.] ; and

      20.  Control and eradication of noxious weeds, as provided in chapter 555 of NRS.

      Sec. 13.  NRS 561.147 is hereby amended to read as follows:

      561.147  If any feed, grain, hay, machinery or other article is found to be infested with, or the possible carrier of, the propagating parts of any noxious [or injurious] weed, injurious insect pest or plant disease, and the administrator determines that movement of the article into any area of the state will be damaging or will jeopardize the agricultural industry of the area, the administrator may prohibit or restrict movement of the infested article or he may prescribe treatment to devitalize or sterilize the infested article.

________

 

CHAPTER 186, AB 229

Assembly Bill No. 229–Committee on Ways and Means

CHAPTER 186

AN ACT making an appropriation to the Department of Motor Vehicles and Public Safety for equipment and training for the Capitol Police; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Department of Motor Vehicles and Public Safety the sum of $27,804 for equipment and training for the Capitol Police.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 


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ê1997 Statutes of Nevada, Page 485ê

 

CHAPTER 187, AB 219

Assembly Bill No. 219–Committee on Ways and Means

CHAPTER 187

AN ACT making appropriations to the Division of Agriculture of the Department of Business and Industry for certain programs; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Division of Agriculture of the Department of Business and Industry:

      1.  The sum of $243,174 for equipment and repairs for the Weights and Measures Program.

      2.  The sum of $30,400 for the Veterinary Medicine Program.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 188, AB 213

Assembly Bill No. 213–Committee on Government Affairs

CHAPTER 188

AN ACT relating to public purchasing; raising the threshold for requiring formal contracts for purchases by the state; revising the considerations for determining the lowest responsible bidder on such contracts; requiring the provision of a statement to the lowest bidder in certain circumstances; revising provisions governing appeals by unsuccessful bidders; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 333.300 is hereby amended to read as follows:

      333.300  1.  Except as otherwise provided in NRS 333.375, the chief shall give reasonable notice, by advertising and by written notice mailed to persons, firms or corporations in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of NRS 333.250.

      2.  All such materials, supplies and equipment, except as otherwise provided in this section, when the estimated cost thereof exceeds [$10,000,] $25,000, must be purchased by formal contract from the lowest responsible bidder after due notice inviting the submission of sealed proposals to the chief of the purchasing division at the date, hour and location set forth in the proposal, and at that date, hour and location the proposals must be publicly opened.


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ê1997 Statutes of Nevada, Page 486 (Chapter 188, AB 213)ê

 

chief of the purchasing division at the date, hour and location set forth in the proposal, and at that date, hour and location the proposals must be publicly opened. The purchasing division may reject any or all proposals, or may accept the proposal determined best for the interest of the state. The notice must be published as outlined in NRS 333.310.

      3.  In case of emergencies caused by acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the chief, but every effort must be made to secure the maximum competitive bidding under the circumstances. In no case may contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids.

      4.  In awarding contracts for the purchase of supplies, materials and equipment, whenever two or more lowest bids are identical, the chief shall:

      (a) If the lowest bids are by bidders resident in the State of Nevada, accept the proposal which, in his discretion, is in the best interests of this state.

      (b) If the lowest bids are by bidders resident outside the State of Nevada:

             (1) Accept the proposal of the bidder who will furnish goods or commodities produced or manufactured in this state; or

             (2) Accept the proposal of the bidder who will furnish goods or commodities supplied by a dealer resident in the State of Nevada.

      Sec. 2.  NRS 333.330 is hereby amended to read as follows:

      333.330  1.  All bids on more than one item on which bids are called for by the same notice [shall] must be itemized and give a price for each item.

      2.  All bids [shall:] must:

      (a) Be in writing [.] and signed.

      (b) Be sealed [.] or, if the bid is submitted electronically, secured by an electronic equivalent of a seal, as approved by the purchasing division.

      (c) Be opened and read publicly by the chief or his designated agent as they are opened.

      Sec. 3.  NRS 333.340 is hereby amended to read as follows:

      333.340  1.  Every contract or order [shall] must be awarded to the lowest responsible bidder . [, taking into consideration:

      1.] To determine the lowest responsible bidder, the chief may consider:

      (a) The location of the using agency to be supplied.

      [2.] (b) The qualities of the articles to be supplied.

      [3.  Their]

      (c) The total cost of ownership of the articles to be supplied.

      (d) The conformity of the articles to be supplied with the specifications.

      [4.] (e) The purposes for which [they] the articles to be supplied are required.

      [5.] (f) The dates of delivery [.] of the articles to be supplied.

      2.  If a contract or an order is not awarded to the lowest bidder, the chief shall provide the lowest bidder with a written statement which sets forth the specific reasons that the contract or order was not awarded to him.

      3.  As used in this section, “total cost of ownership” includes, but is not limited to:

      (a) The history of maintenance or repair of the articles;


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ê1997 Statutes of Nevada, Page 487 (Chapter 188, AB 213)ê

 

      (b) The cost of routine maintenance and repair of the articles;

      (c) Any warranties provided in connection with the articles;

      (d) The cost of replacement parts for the articles; and

      (e) The value of the articles as used articles when given in trade on a subsequent purchase.

      Sec. 4.  NRS 333.365 is hereby amended to read as follows:

      333.365  1.  [Any] A person who has entered into a contract with the purchasing division and who does not perform according to the terms of the contract is liable for, in addition to any other applicable damages for breach of contract, a penalty of not more than 5 percent of the total value of the bid. The penalty must be recovered in a civil action upon the complaint of the chief in any court of competent jurisdiction. In addition to recovering the penalty and any other applicable damages, the chief may remove the name of the person from the list of bidders and refuse to accept a bid from him for not more than 2 years.

      2.  If the chief does not bring an action to recover the penalty prescribed by subsection 1, he may:

      (a) Remove the name of the person from the list of bidders and refuse to accept a bid from him for not more than 2 years; and

      (b) Impose an administrative penalty, in an amount not to exceed 5 percent of the total value of the bid. Such a penalty may be recovered only after notice is given to the person by mail.

      3.  If the chief has removed the name of a person from the list of bidders, that person must apply to the chief to have his name reinstated on the list of bidders.

      4.  A penalty imposed pursuant to subsection 1 or 2 may be deducted from any payment due the person or, if a bond has been issued or a check received, a claim may be made against the bond or check. If no payment is due and no bond was issued or check received, the chief may issue a claim for payment of the penalty. The claim must be paid within 30 days.

      Sec. 5.  NRS 333.370 is hereby amended to read as follows:

      333.370  1.  [Any] A person who makes an unsuccessful bid or proposal may file a notice of appeal with the [using agency on behalf of which the bid or proposal was solicited] purchasing division and with the hearings division of the department of administration within 10 days after:

      (a) The date of award as entered on the bid record; and

      (b) The notice of award has been posted in at least three public buildings, including the location of the using agency.

The notice of appeal must include a written statement of the issues to be addressed on appeal.

      2.  A person filing a notice of appeal [shall] must post a bond with good and solvent surety authorized to do business in this state or submit other security, in a form approved by the chief by regulation, to the [head of the using agency,] purchasing division, who shall hold the bond or other security until a determination is made on the appeal. Except as otherwise provided in subsection 3, a bond posted or other security submitted with a notice of appeal must be in an amount equal to 25 percent of the total value of the successful bid submitted.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 488 (Chapter 188, AB 213)ê

 

      3.  If the total value of the successful bid cannot be determined because the total requirements for the contract are estimated as of the date of award, a bond posted or other security submitted with a notice of appeal must be in an amount equal to 25 percent of the estimated total value of the contract. Upon request, the chief shall provide:

      (a) The estimated total value of the contract; or

      (b) The method for determining the estimated total value of the contract,

based on records of past experience and estimates of anticipated requirements furnished by the using agency.

      4.  Within 20 days after receipt of the notice of appeal, a hearing officer of the hearings division of the department of administration shall hold a contested hearing on the appeal in substantial compliance with the provisions of NRS 233B.121 to 233B.1235, inclusive, 233B.125 and 233B.126. The successful bidder must be given notice of the hearing in the same manner as the person who filed the notice of appeal. The successful bidder may participate in the hearing . [if, within 10 days after receiving notice of the hearing, he files a notice of intent to participate in the hearing with:

      (a) The hearing officer;

      (b) The using agency; and

      (c) The person who filed the notice of appeal.]

      5.  The hearing officer may cancel the award for lack of compliance with the provisions of this chapter. A cancellation of the award requires readvertising for bids and a new award in accordance with the provisions of this chapter.

      6.  [Any] A notice of appeal filed in accordance with the provisions of this section operates as a stay of action in relation to any contract until a determination is made by the hearing officer on the appeal.

      7.  A person who makes an unsuccessful bid or proposal may not seek any type of judicial intervention until the hearing officer has made a determination on the appeal.

      8.  The chief may make as many open market purchases of the commodities or services as are urgently needed to meet the requirements of the purchasing division or the using agency until a determination is made on the appeal. With the approval of the chief, the using agency may make such purchases for the agency.

      9.  Neither the State of Nevada, nor any agency, contractor, department, division, employee or officer of the state is liable for any costs, expenses, attorney’s fees, loss of income or other damages sustained by a person who makes an unsuccessful bid or proposal, whether or not the person files a notice of appeal pursuant to this section.

      10.  If the appeal is upheld and the award is canceled, the bond posted or other security submitted with the notice of appeal must be returned to the person who posted the bond or submitted the security. If the appeal is rejected and the award is upheld, a claim may be made against the bond or other security by the purchasing division and the using agency to the hearings division of the department of administration in an amount equal to the expenses incurred and other monetary losses suffered by the purchasing division and the using agency because of the unsuccessful appeal. The hearing officer shall hold a hearing on the claim in the same manner as prescribed in subsection 4.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 489 (Chapter 188, AB 213)ê

 

hearing officer shall hold a hearing on the claim in the same manner as prescribed in subsection 4. Any money not awarded by the hearing officer must be returned to the person who posted the bond or submitted the security.

________

 

CHAPTER 189, AB 71

Assembly Bill No. 71–Committee on Government Affairs

CHAPTER 189

AN ACT relating to public utilities; revising the definition of “utility facility” for the purposes of the Utility Environmental Protection Act to exclude certain telephone and telegraph buildings, facilities and sites; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.825 is hereby amended to read as follows:

      704.825  1.  The legislature hereby finds and declares that:

      (a) There is at present and will continue to be a growing need for electric, gas [, telephone, telegraph] and water services which will require the construction of new facilities. It is recognized that such facilities cannot be built without in some way affecting the physical environment where such facilities are located.

      (b) It is essential in the public interest to minimize any adverse effect upon the environment and upon the quality of life of the people of the state which such new facilities might cause.

      (c) Present laws and practices relating to the location of such utility facilities should be strengthened to protect environmental values and to take into account the total cost to society of such facilities.

      (d) Existing provisions of law may not provide adequate opportunity for natural persons, groups interested in conservation and the protection of the environment, state and regional agencies, local governments and other public bodies to participate in any and all proceedings before the public service commission of Nevada regarding the location and construction of major facilities.

      2.  The legislature, therefore, hereby declares that it is the purpose of NRS 704.820 to 704.900, inclusive, to provide a forum for the expeditious resolution of all matters concerning the location and construction of electric, gas [, telephone, telegraph] and water transmission lines and associated facilities.

      Sec. 2.  NRS 704.860 is hereby amended to read as follows:

      704.860  “Utility facility” means:

      1.  Electric generating plants and their associated facilities;

      2.  Electric transmission lines and transmission substations designed to operate at 200 kilovolts or more, and not required by local ordinance to be placed underground when constructed outside any incorporated city;

      3.  Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside any incorporated city;


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 490 (Chapter 189, AB 71)ê

 

      4.  [Telephone and telegraph equipment buildings, their associated facilities and the sites thereof, when constructed outside any incorporated city;

      5.]  Water storage, transmission and treatment facilities; and

      [6.] 5.  Sewer transmission and treatment facilities.

      Sec. 3.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 190, AB 62

Assembly Bill No. 62–Committee on Government Affairs

CHAPTER 190

AN ACT relating to state employees; revising certain provisions regarding unpaid family and medical leave to conform with federal law; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.360 is hereby amended to read as follows:

      284.360  1.  Any person holding a permanent position in the classified service may be granted a leave of absence without pay. Leave of absence may be granted to any person holding a position in the classified service to permit acceptance of an appointive position in the unclassified service. Leave of absence must be granted to any person holding a position in the classified service to permit acceptance of a position in the legislative branch during a regular or special session of the legislature, including a reasonable period before and after the session if the entire period of employment in the legislative branch is continuous.

      2.  If a person is granted a leave of absence without pay to permit acceptance of an appointive position in the unclassified service or a position in the legislative branch, any benefits earned while he is in the:

      (a) Classified service are retained and must be paid by the employer in the classified service, whether or not the person returns to the classified service.

      (b) Unclassified service or employed by the legislative branch are retained and must be paid by the appointing authority in the unclassified service or by the legislative branch, if he does not return to the classified service, or by the employer in the classified service, if he returns to the classified service.

      3.  Any person in the unclassified service, except members of the academic staff of the University and Community College System of Nevada, may be granted by the appointing authority a leave of absence without pay for a period not to exceed 6 months.

      4.  Officers and members of the faculty of the University and Community College System of Nevada may be granted leaves of absence without pay as provided by the regulations prescribed pursuant to subsection 2 of NRS 284.345.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 491 (Chapter 190, AB 62)ê

 

      5.  [Any] Except as otherwise provided in subsection 6, a person in the classified or unclassified service who:

      (a) Is the natural parent of a child who is less than 6 months old; or

      (b) Has recently adopted a child,

must be granted, upon request, a leave of absence without pay for a period not to exceed 12 weeks. Such a request by natural parents must be submitted at least 3 months before the date upon which the requested leave will begin, unless a shorter notice is approved by the employer. Such a request by adoptive parents must be submitted not fewer than 2 working days after the parents receive notice of the approval of the adoption. This subsection does not affect the rights of an employee set forth in NRS 284.350 or 284.355.

      6.  The provisions of subsection 5 are effective only if the Family Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq., or a subsequent federal law ceases to provide for a parental leave of absence of at least 12 weeks.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 191, SB 265

Senate Bill No. 265–Senators Titus, Adler, Coffin, Mathews, Neal, O’Donnell, Porter, Regan, Schneider, Shaffer and Wiener

CHAPTER 191

AN ACT relating to crimes; increasing the penalty for certain crimes related to the unauthorized use of a telephone to a felony; making other various changes to such crimes; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 205.506 is hereby amended to read as follows:

      205.506  It is unlawful for a person knowingly or with the intent to avoid payment in full for the service obtained to:

      1.  Obtain or attempt to obtain mobile telephone service from a supplier by deception, use of an illegal device, or other fraudulent means. The requisite intent may be inferred from the presence on the property or in the possession of the accused of a device, not authorized by the supplier, the major purpose of which is to permit or facilitate use of mobile telephone service without payment. The inference is rebutted if the accused shows that he purchased the device for a legitimate purpose.

      2.  Give technical assistance or instruction to another in obtaining mobile telephone service without full payment to a supplier.

      3.  Maintain an ability to connect, by physical, electronic or other means, with facilities, components or devices used in mobile telephone service for the purpose of obtaining mobile telephone service without payment of all lawful compensation to the supplier.

      4.  Make or maintain a modification of a device installed with the authorization of a supplier to obtain any service that the accused is not authorized by the supplier to obtain.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 492 (Chapter 191, SB 265)ê

 

authorized by the supplier to obtain. The requisite intent may be inferred from proof that the supplier’s standard procedure is to place labels on its devices warning that modifying the device is a violation of law and that the device has been modified without the supplier’s permission.

      5.  Possess without a supplier’s permission a device or a kit for a device designed to receive from the supplier a service offered for sale by the supplier, whether or not the service is encoded or otherwise made unintelligible, or designed to perform or facilitate an act prohibited by subsections 1 to 4, inclusive. Intent to violate this subsection for commercial advantage or financial gain may be inferred if the circumstances, including quantity or volume, indicate possession for resale.

      6.  Manufacture, import, distribute, advertise, sell, lease, or offer to sell or lease a device or a plan or kit for a device designed to receive mobile telephone service offered for sale by a supplier, whether or not the service is encoded or otherwise made unintelligible, without full payment. The requisite intent may be inferred from proof that the accused has sold, leased or offered to sell or lease any such device, plan or kit and stated or implied to the buyer or lessee that it will enable him to obtain mobile telephone service without charge.

      7.  Possess any other materials for the purpose of creating a device or a kit for a device designed to obtain mobile telephone service in any manner prohibited pursuant to this section.

      Sec. 2.  NRS 205.508 is hereby amended to read as follows:

      205.508  [Unless a greater penalty is provided in NRS 205.920, a] A person who violates the provisions of NRS 205.506 is guilty of a [public offense, as prescribed in NRS 193.155, proportionate to the value of the service obtained or the loss resulting from the violation, and in no event less than a misdemeanor.] category D felony and shall be punished as provided in NRS 193.130.

      Sec. 3.  NRS 205.920 is hereby amended to read as follows:

      205.920  1.  It is unlawful for a person to obtain or attempt to obtain telephone or telegraph service with the intent to avoid payment for that service by himself or to avoid payment for that service by any other person, by:

      (a) Charging the service to an existing telephone number without authority of the subscriber, to a nonexistent telephone number or to a number associated with telephone service which is suspended or terminated after notice of suspension or termination has been given to the subscriber;

      (b) Charging the service to a credit card without authority of the lawful holder, to a nonexistent credit card or to a revoked or canceled, as distinguished from expired, credit card after notice of revocation or cancellation has been given to the holder;

      (c) Using a code, prearranged scheme or other similar device to send or receive information;

      (d) Rearranging, tampering with or making connection with any facilities or equipment, whether physically, electrically, acoustically, inductively or otherwise;

      (e) Using any other deception, false token or other means to avoid payment for the service; or


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 493 (Chapter 191, SB 265)ê

 

      (f) Concealing, or assisting another to conceal, from any telephone or telegraph company or from any lawful authority the existence or place of origin or destination of any message.

      2.  [If the value of the service involved is $250 or more, a person violating] A person who violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130. [If the value of the service involved is less than $250, a person violating the provisions of this section is guilty of a misdemeanor. In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years before the time the indictment is found or the information is filed may be aggregated.]

      3.  This section applies when the service involved either originates or terminates, or both originates and terminates, in the State of Nevada, or when the charges for the service would have been billable in the normal course by a person, firm or corporation providing the service in this state but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.

      Sec. 4.  NRS 205.930 is hereby amended to read as follows:

      205.930  1.  It is unlawful to make or possess any instrument, apparatus or device or to sell, give or otherwise transfer to another or to offer or advertise for sale any instrument, apparatus, device or information, or plans or instructions for making or assembling such equipment, with knowledge or reason to believe that it is intended to be used to obtain telephone or telegraph service with intent to avoid payment therefor by any of the means listed in paragraph (c), (d) or (f) of subsection 1 of NRS 205.920, or to represent or imply that it may lawfully be so used.

      2.  [Except under the circumstances described in NRS 205.715, any] A person who violates any of the provisions of subsection 1 is guilty of a [gross misdemeanor.] category D felony and shall be punished as provided in NRS 193.130.

      Sec. 5.  NRS 207.360 is hereby amended to read as follows:

      207.360  “Crime related to racketeering” means the commission of, attempt to commit or conspiracy to commit any of the following crimes:

      1.  Murder;

      2.  Manslaughter;

      3.  Mayhem;

      4.  Battery which is punished as a felony;

      5.  Kidnaping;

      6.  Sexual assault;

      7.  Arson;

      8.  Robbery;

      9.  Taking property from another under circumstances not amounting to robbery;

      10.  Extortion;

      11.  Statutory sexual seduction;

      12.  Extortionate collection of debt in violation of NRS 205.322;

      13.  Forgery;

      14.  Any violation of NRS 199.280 which is punished as a felony;

      15.  Burglary;


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 494 (Chapter 191, SB 265)ê

 

      16.  Grand larceny;

      17.  Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;

      18.  Battery with intent to commit a crime in violation of NRS 200.400;

      19.  Assault with a deadly weapon;

      20.  Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, or 453.375 to 453.401, inclusive;

      21.  Receiving or transferring a stolen vehicle;

      22.  Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;

      23.  Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;

      24.  Receiving, possessing or withholding stolen goods valued at $250 or more;

      25.  Embezzlement of money or property valued at $250 or more;

      26.  Obtaining possession of money or property valued at $250 or more, or obtaining a signature by means of false pretenses;

      27.  Perjury or subornation of perjury;

      28.  Offering false evidence;

      29.  Any violation of NRS 201.300 or 201.360; or

      30.  Any violation of NRS 90.570, 91.230, 686A.290 or 686A.291.

      31.  Any violation of NRS 205.506, 205.920 or 205.930.

      Sec. 6.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

________

 

CHAPTER 192, SB 358

Senate Bill No. 358–Committee on Judiciary

CHAPTER 192

AN ACT relating to securities; authorizing the electronic delivery of documents, applications and fees to the securities division of the office of the secretary of state; authorizing the administrator of the division, by order, to exempt certain securities and transactions from the requirement for registration; increasing the penalty for violating an order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the administrator; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 90 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  Any fee authorized or required to be collected by the provisions of this chapter may be paid using a system for the electronic transfer of payment that has been approved by the administrator by regulation or order.

      Sec. 3.  The administrator may, by regulation or order, approve systems for the electronic delivery of documents and applications to the administrator or his designee or to the principal office of the administrator.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 495 (Chapter 192, SB 358)ê

 

      Sec. 4.  NRS 90.235 is hereby amended to read as follows:

      90.235  1.  “Filing” means [the] :

      (a) The actual delivery of a document or application to the administrator or his designee or to the principal office of the administrator [.] ; or

      (b) The electronic delivery of a document or application to the administrator or his designee or to the principal office of the administrator using a system that has been approved by the administrator.

      2.  “File” has a corresponding meaning.

      Sec. 5.  NRS 90.540 is hereby amended to read as follows:

      90.540  [1.]  The administrator by regulation or order may [exempt] :

      1.  Exempt any other security or transaction or class of securities or transactions from NRS 90.460 and 90.560.

      2.  [The administrator by regulation may adopt] Adopt a transactional exemption for limited offerings that will further the objectives of compatibility with the exemptions from securities registration authorized by the Securities Act of 1933 and uniformity among the states.

      3.  [The administrator by regulation may require] Require the filing of a notice and the payment of a fee not greater than $250 for an exemption adopted pursuant to this section.

      Sec. 6.  NRS 90.650 is hereby amended to read as follows:

      90.650  1.  A person who willfully violates [a] :

      (a) A provision of this chapter, except NRS 90.600, or who violates NRS 90.600 knowing that the statement made is false or misleading in any material respect [, or who willfully violates a] ;

      (b) A regulation adopted pursuant to this chapter [,] ; or

      (c) An order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the administrator pursuant to this chapter,

is guilty of a category C felony and shall be punished as provided in NRS 193.130, or by a fine of not more than [$20,000,] $100,000, or by both fine and the punishment provided in NRS 193.130, for each violation. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  [A person who willfully violates an order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the administrator under this chapter is guilty of a misdemeanor.

      3.]  A person convicted of violating a regulation or order under this chapter may be fined, but must not be imprisoned, if the person proves lack of knowledge of the regulation or order.

      [4.  Nothing in this chapter limits]

      3.  This chapter does not limit the power of the state to punish a person for conduct which constitutes a crime under other law.

      Sec. 7.  The amendatory provisions of section 6 of this act do not apply to offenses that are committed before October 1, 1997.

________

 


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 496ê

 

CHAPTER 193, SB 353

Senate Bill No. 353–Committee on Taxation

CHAPTER 193

AN ACT relating to taxation; revising the limitation on the expenditure of the proceeds of the vehicle privilege tax for the purchase by a county of certain residential property adversely affected by the construction of a highway with limited access; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 371.047 is hereby amended to read as follows:

      371.047  1.  A county may use the proceeds of the tax imposed pursuant to NRS 371.045, or of bonds, notes or other obligations incurred to which the proceeds of those taxes are pledged to finance a project related to the construction of a highway with limited access, to:

      (a) Purchase residential real property which [abuts] shares a boundary with a highway with limited access or a project related to the construction of a highway with limited access, and which is adversely affected by the highway. Not more than 1 percent of the proceeds of the tax or of any bonds to which the proceeds of the tax are pledged may be used for this purpose.

      (b) Pay for the cost of moving persons whose primary residences are condemned for a right of way for a highway with limited access and who qualify for such payments. The board of county commissioners shall, by ordinance, establish the qualifications for receiving payments for the cost of moving pursuant to this paragraph.

      2.  A county may, in accordance with NRS 244.265 to 244.296, inclusive, dispose of any residential real property purchased pursuant to this section, and may reserve and except easements, rights or interests related thereto, including, but not limited to:

      (a) Abutter’s rights of light, view or air.

      (b) Easements of access to and from abutting land.

      (c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.

      3.  Proceeds from the sale or lease of residential real property acquired pursuant to this section must be used for the purposes set forth in this section and in NRS 371.045.

      4.  For the purposes of this section, residential real property is adversely affected by a highway with limited access if the construction or proposed use of the highway:

      (a) Constitutes a taking of all or any part of the property, or interest therein;

      (b) Lowers the value of the property; or

      (c) Constitutes a nuisance.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 497 (Chapter 193, SB 353)ê

 

      5.  As used in this section:

      (a) “Highway with limited access” means a divided highway for through traffic with full control of access and with grade separations at intersections.

      (b) “Primary residence” means a dwelling, whether owned or rented by the occupant, which is the sole principal place of residence of that occupant.

      (c) “Residential real property” means a lot or parcel of not more than 1.5 acres upon which a single-family or multifamily dwelling is located.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 194, SB 348

Senate Bill No. 348–Committee on Government Affairs

CHAPTER 194

AN ACT relating to public improvements; authorizing the issuance of certain revenue bonds by the director of the department of business and industry for a project of a corporation for public benefit; and providing other matters properly relating thereto.

 

[Approved June 25, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 349 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Corporation for public benefit” means a corporation that is recognized as exempt pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, future amendments to that section and the corresponding provisions of future internal revenue laws.

      Sec. 2.  NRS 349.400 is hereby amended to read as follows:

      349.400  As used in NRS 349.400 to 349.670, inclusive, unless the context otherwise requires, the words and terms defined in NRS 349.410 to 349.540, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 349.510 is hereby amended to read as follows:

      349.510  “Project” means:

      1.  Any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether or not in existence, suitable for new construction, improvement, rehabilitation or redevelopment for:

      (a) Industrial uses, including assembling, fabricating, manufacturing, processing or warehousing;

      (b) Research and development relating to commerce or industry, including professional, administrative and scientific offices and laboratories;

      (c) Commercial enterprises;

      (d) Civic and cultural enterprises open to the general public, including theaters, museums and exhibitions, together with buildings and other structures, machinery, equipment, facilities and appurtenances thereto which the director deems useful or desirable in connection with the conduct of any such enterprise;


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 498 (Chapter 194, SB 348)ê

 

      (e) An educational institution operated by a nonprofit organization not otherwise directly funded by the state which is accredited by a nationally recognized educational accrediting association; [or]

      (f) Health and care facilities and supplemental facilities for health and care; or

      (g) The purposes of a corporation for public benefit.

      2.  Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire . [; or]

      3.  The preservation of [any] a historic structure or its restoration for its original or another use, if the plan has been approved by the office of historic preservation of the department of museums, library and arts...............

      Sec. 4.  NRS 349.560 is hereby amended to read as follows:

      349.560  It is the intent of the legislature to authorize the director to finance, acquire, own, lease, improve and dispose of properties to:

      1.  Promote industry and employment and develop trade by inducing manufacturing, industrial, warehousing and commercial enterprises and organizations for research and development to locate, remain or expand in this state to further prosperity throughout the state and to further the use of the agricultural products and the natural resources of this state.

      2.  Enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire.

      3.  Promote the public health by enabling the acquisition, development, expansion and maintenance of health and care facilities and supplemental facilities for health and care facilities which will provide services of high quality at reasonable rates to the residents of the community in which the facilities are situated.

      4.  Promote the educational, cultural, economic and general welfare of the public by financing civic and cultural enterprises, certain educational institutions and the preservation or restoration of historic structures.

      5.  Promote the social welfare of the residents of this state by enabling a corporation for public benefit to acquire, develop, expand and maintain facilities that provide services for those residents.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 499ê

 

CHAPTER 195, SB 408

Senate Bill No. 408–Committee on Judiciary

CHAPTER 195

AN ACT relating to securities; defining “commission” for the purpose of determining exemptions from the requirements for licensure and registration; providing a waiver from the examination for licensure as a sales representative or broker-dealer for certain officers and directors of persons who issue securities; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 90 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  “Commission” means:

      (a) Any payment of cash, securities or goods for offering to sell or selling a security; or

      (b) A promise or commitment to provide any payment of cash, securities or goods in the future for offering to sell or selling a security.

      2.  The term does not include:

      (a) A commission paid to a real estate broker solely for services relating to the sale, purchase, rental or lease of real estate if the commission is commensurate with fees paid in the community for similar services.

      (b) Any payment made to an attorney or accountant for any advice or recommendation relating to the purchase, sale or other transfer of securities that is given to a client with whom the attorney or accountant has a professional relationship if the payment and the interest of the attorney or accountant in the transaction or in the issuer or an affiliate of the issuer are disclosed in writing to the client before the sale or transfer of the securities.

      Sec. 3.  1.  The administrator shall grant to a bona fide officer or director of an issuer a waiver from the examination required for licensure as a sales representative or broker-dealer if:

      (a) The securities of the issuer:

             (1) Are registered under the Securities Exchange Act of 1934; or

             (2) Comply with the requirements of Regulation D of the Securities and Exchange Commission, 17 C.F.R. §§ 230.501 to 230.506, inclusive, except for 17 C.F.R. § 230.504, and are exempt from registration by regulation of the administrator;

      (b) The officer or director does not receive a commission or other compensation for the sale of the issuer’s securities; and

      (c) The officer or director files with the administrator an affidavit which states that he:

             (1) Is an officer or director of the issuer;

             (2) Will not be receiving a commission or other compensation for the sale of the issuer’s securities;

             (3) Understands that the waiver applies only to the sale of the issuer’s securities; and


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ê1997 Statutes of Nevada, Page 500 (Chapter 195, SB 408)ê

 

             (4) Agrees to provide to prospective purchasers of the issuer’s securities such pamphlets, circulars, literature or other information as may be required by regulation or order of the administrator.

      2.  If the officer or director sells or offers to sell any securities other than the securities of the issuer, he must pass the examination for licensure as a sales representative or broker-dealer unless the examination is otherwise waived by the administrator pursuant to NRS 90.370.

      Sec. 4.  NRS 90.211 is hereby amended to read as follows:

      90.211  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 90.215 to 90.305, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 90.370 is hereby amended to read as follows:

      90.370  1.  [The] Except as otherwise provided in section 3 of this act, the administrator by regulation or order may require an examination of an applicant applying for licensing under this chapter, a class of applicants, or a class of persons who will represent an investment adviser in performing an act that requires licensing as an investment adviser in this state.

      2.  Any examination required must be administered by the administrator or his designee. Examinations may be oral or written, or both, and may differ for each class of applicants.

      3.  The administrator by order may waive any [examination] requirement for examination imposed pursuant to subsection 1 as to any person or class of persons if he determines that an examination is not necessary for the protection of investors by reason of the training and experience of the applicant or class of applicants.

      Sec. 6.  NRS 90.520 is hereby amended to read as follows:

      90.520  1.  As used in this section:

      (a) “Guaranteed” means guaranteed as to payment of all or substantially all of principal and interest or dividends.

      (b) “Insured” means insured as to payment of all or substantially all of principal and interest or dividends.

      2.  Except as otherwise provided in subsections 4 and 5, the following securities are exempt from NRS 90.460 and 90.560:

      (a) A security, including a revenue obligation, issued, insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or a certificate of deposit for any of the foregoing, but this exemption does not include a security payable solely from revenues to be received from an enterprise unless the:

             (1) Payments are insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or by a person whose securities are exempt from registration under paragraphs (b) to (e), inclusive, or (g), or the revenues from which the payments are to be made are a direct obligation of such a person;

 


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ê1997 Statutes of Nevada, Page 501 (Chapter 195, SB 408)ê

 

to (e), inclusive, or (g), or the revenues from which the payments are to be made are a direct obligation of such a person;

             (2) Security is issued by this state or an agency, instrumentality or political subdivision of this state; or

             (3) Payments are insured or guaranteed by a person who, within the 12 months next preceding the date on which the securities are issued, has received a rating within one of the top four rating categories of either Moody’s Investor Service, Inc., or Standard and Poor’s Corporation.

      (b) A security issued, insured or guaranteed by Canada, a Canadian province or territory, a political subdivision of Canada or of a Canadian province or territory, an agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government or governmental combination or entity with which the United States maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer, insurer or guarantor.

      (c) A security issued by and representing an interest in or a direct obligation of a depository institution if the deposit or share accounts of the depository institution are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a successor to an applicable agency authorized by federal law.

      (d) A security issued by and representing an interest in or a direct obligation of, or insured or guaranteed by, an insurance company organized under the laws of any state and authorized to do business in this state.

      (e) A security issued or guaranteed by a railroad, other common carrier, public utility or holding company that is:

             (1) Subject to the jurisdiction of the Interstate Commerce Commission;

             (2) A registered holding company under the Public Utility Holding Company Act of 1935 or a subsidiary of a registered holding company within the meaning of that act;

             (3) Regulated in respect to its rates and charges by a governmental authority of the United States or a state; or

             (4) Regulated in respect to the issuance or guarantee of the security by a governmental authority of the United States, a state, Canada, or a Canadian province or territory.

      (f) Equipment trust certificates in respect to equipment leased or conditionally sold to a person, if securities issued by the person would be exempt under this section.

      (g) A security listed or approved for listing upon notice of issuance on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Stock Exchange or other exchange designated by the administrator, any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so listed or approved, or a warrant or right to purchase or subscribe to any of the foregoing.

      (h) A security designated or approved for designation upon issuance or notice of issuance for inclusion in the national market system by the National Association of Securities Dealers, Inc., any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so designated, or a warrant or a right to purchase or subscribe to any of the foregoing.


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ê1997 Statutes of Nevada, Page 502 (Chapter 195, SB 408)ê

 

for by subscription right or warrant so designated, or a warrant or a right to purchase or subscribe to any of the foregoing.

      (i) An option issued by a clearing agency registered under the Securities Exchange Act of 1934, other than an off-exchange futures contract or substantially similar arrangement, if the security, currency, commodity, or other interest underlying the option is:

             (1) Registered under NRS 90.470, 90.480 or 90.490;

             (2) Exempt under this section; or

             (3) Not otherwise required to be registered under this chapter.

      (j) A security issued by a person organized and operated not for private profit but exclusively for a religious, educational, benevolent, charitable, fraternal, social, athletic or reformatory purpose, or as a chamber of commerce or trade or professional association if at least 10 days before the sale of the security the issuer has filed with the administrator a notice setting forth the material terms of the proposed sale and copies of any sales and advertising literature to be used and the administrator by order does not disallow the exemption within the next 5 full business days.

      (k) A promissory note, draft, bill of exchange or banker’s acceptance that evidences an obligation to pay cash within 9 months after the date of issuance, exclusive of days of grace, is issued in denominations of at least $50,000 and receives a rating in one of the three highest rating categories from a nationally recognized statistical rating organization, or a renewal of such an obligation that is likewise limited, or a guarantee of such an obligation or of a renewal.

      (l) A security issued in connection with an employees’ stock purchase, savings, option, profit-sharing, pension or similar employees’ benefit plan.

      (m) A membership or equity interest in, or a retention certificate or like security given in lieu of a cash patronage dividend issued by, a cooperative organized and operated as a nonprofit membership cooperative under the cooperative laws of any state if not traded to the public.

      (n) A security issued by an issuer registered as an open-end management investment company or unit investment trust under section 8 of the Investment Company Act of 1940 if:

             (1) The issuer is advised by an investment adviser that is a depository institution exempt from registration under the Investment Adviser Act of 1940 or that is currently registered as an investment adviser, and has been registered, or is affiliated with an adviser that has been registered, as an investment adviser under the Investment Advisers Act of 1940 for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph, and the issuer has acted, or is affiliated with an investment adviser that has acted, as investment adviser to one or more registered investment companies or unit investment trusts for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph; or

             (2) The issuer has a sponsor that has at all times throughout the 3 years before an offer or sale of a security claimed to be exempt under this paragraph sponsored one or more registered investment companies or unit investment trusts the aggregate total assets of which have exceeded $100,000,000.


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ê1997 Statutes of Nevada, Page 503 (Chapter 195, SB 408)ê

 

      3.  For the purpose of paragraph (n) of subsection 2, an investment adviser is affiliated with another investment adviser if it controls, is controlled by, or is under common control with the other investment adviser.

      4.  The exemption provided by paragraph (n) of subsection 2 is available only if the person claiming the exemption files with the administrator a notice of intention to sell which sets forth the name and address of the issuer and the securities to be offered in this state and pays a fee of:

      (a) Two hundred and fifty dollars for the initial claim of exemption and the same amount at the beginning of each fiscal year thereafter in which securities are to be offered in this state, in the case of an open-end management company; or

      (b) One hundred and fifty dollars for the initial claim of exemption in the case of a unit investment trust.

      5.  An exemption provided by paragraph (c), (e) [to (i), inclusive,] , (f), (i) or (k) of subsection 2 is available only if, within the 12 months immediately preceding the use of the exemption, a notice of claim of exemption has been filed with the administrator and a nonrefundable fee of $150 has been paid.

________

 

CHAPTER 196, SB 407

Senate Bill No. 407–Committee on Judiciary

CHAPTER 196

AN ACT relating to securities exchanges; extending the scope of regulation; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 90 of NRS is hereby amended by adding thereto a new section to read as follows:

      A person is “associated with” a securities exchange or an applicant for registration as such if he is:

      1.  An officer, director, shareholder, employee or other agent, client, customer or member of the securities exchange or applicant;

      2.  A partner, officer or director of a member of the securities exchange; or

      3.  An employee of a member of the securities exchange who is licensed pursuant to this chapter or registered pursuant to the Securities Exchange Act of 1934.

      Sec. 2.  NRS 90.453 is hereby amended to read as follows:

      90.453  1.  Except as otherwise provided in subsection 2, a person shall not operate a securities exchange in this state unless it has been registered with the securities division.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 504 (Chapter 196, SB 407)ê

 

      2.  A securities exchange which is registered with the United States Securities and Exchange Commission is exempt from the requirements for registration set forth in this section.

      3.  The administrator shall adopt regulations necessary to carry out the provisions of this section, including regulations prescribing:

      (a) Requirements for the registration and operation of a securities exchange;

      (b) The fees for the registration of a securities exchange; and

      [(b)] (c) The requirements for bonding and minimum capitalization [requirements for] of a securities exchange.

      4.  The administrator shall investigate the qualifications of each person [who applies to the securities division for the registration of] associated with an applicant for registration as a securities exchange. The [person] applicant shall pay the cost of the investigation.

      5.  The administrator may deny, suspend or revoke the registration of a securities exchange , or place conditions, limitations or restrictions on the registration, if [the administrator] he determines that such action is in the public interest and any of the provisions of subsection 1 of NRS 90.420 are applicable to [the person who applied for the registration of] a person associated with the securities exchange.

      Sec. 3.  NRS 90.456 is hereby amended to read as follows:

      90.456  1.  The administrator may charge a fee not to exceed .25 percent of the total value of each transaction involving the purchase, sale or other transfer of a security conducted by a securities exchange located in this state.

      2.  The administrator may adopt by regulation or order, and shall cause to be published, a table of fees based upon the direct cost of regulating the securities exchange.

      Sec. 4.  NRS 90.455 is hereby repealed.

________

 


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ê1997 Statutes of Nevada, Page 505ê

 

CHAPTER 197, AB 55

Assembly Bill No. 55–Committee on Ways and Means

CHAPTER 197

AN ACT relating to state financial administration; repealing the prospective expiration of the provisions relating to the office of financial management, training and controls; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 6 of chapter 244, Statutes of Nevada 1995, at page 398, is hereby amended to read as follows:

       Sec. 6.  [1.]  This act becomes effective on July 1, 1995.

       [2.  Sections 1 to 5, inclusive, of this act expire by limitation on July 1, 1997.]

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 198, SB 370

Senate Bill No. 370–Committee on Commerce and Labor

CHAPTER 198

AN ACT relating to real estate licensure; excluding certain persons from the definition of a real estate broker; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 645.030 is hereby amended to read as follows:

      645.030  1.  “Real estate broker” means a person who, for another and for compensation or with the intention or expectation of receiving compensation:

      (a) Sells, exchanges, options, purchases, rents, or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental, or lease of, or lists or solicits prospective purchasers, lessees or renters of, or collects or offers, attempts or agrees to collect rental for the use of, any business or real estate or the improvements thereon or any modular homes or other housing offered or conveyed with any interest in real estate; or

      (b) Engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property.


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ê1997 Statutes of Nevada, Page 506 (Chapter 198, SB 370)ê

 

      2.  Any person who, for another and for compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands is a real estate broker within the meaning of this chapter.

      3.  The term does not include a person who is employed by a licensed real estate broker to accept reservations on behalf of a person engaged in the business of the rental of lodging for 31 days or less, if the employee does not perform any tasks related to the sale or other transfer of an interest in real estate.

________

 

CHAPTER 199, SB 369

Senate Bill No. 369–Committee on Commerce and Labor

CHAPTER 199

AN ACT relating to the state contractors’ board; revising provisions governing the fees charged by the board; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 624.280 is hereby amended to read as follows:

      624.280  The board may adopt regulations fixing the fee for an application [and] , the fee for an examination and the annual fee for a license to be paid by applicants and licensees, but [the fee for an application and examination must not exceed $300 and the annual fee for a license must not exceed $200 per year.] no such fee may exceed $300.

      Sec. 2.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 200, SB 335

Senate Bill No. 335–Committee on Finance

 

CHAPTER 200

 

AN ACT relating to highways; expanding the time within which certain bonds for highway construction must mature; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 408.273 is hereby amended to read as follows:

      408.273  The state board of examiners shall, when so requested by the board of directors of the department of transportation, issue special obligation bonds of the State of Nevada to provide money to enable the department of transportation to complete pending and currently projected highway construction projects, in an amount specified in the request. The bonds may be issued at one time or from time to time, and must be issued in accordance with the State Securities Law.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 507 (Chapter 200, SB 335)ê

 

in accordance with the State Securities Law. These bonds must be secured by a pledge of the appropriate federal highway grants payable to the state and by taxes which are credited to the state highway fund, and must mature within not more than [5] 10 years from their date.

________

 

CHAPTER 201, AB 136

Assembly Bill No. 136–Committee on Commerce

CHAPTER 201

AN ACT relating to claims for medical malpractice; requiring the commissioner of insurance to collect, maintain and report to the legislature certain information regarding closed claims for medical malpractice; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 679B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The commissioner shall collect and maintain information regarding each closed claim for medical malpractice filed against physicians and surgeons in this state, including, without limitation:

      (a) The cause of the loss;

      (b) A description of the injury for which the claim was filed;

      (c) The sex of the injured person;

      (d) The names and number of defendants in each claim;

      (e) The type of coverage provided;

      (f) The amount of the initial, highest and last reserves of an insurer for each claim before final resolution of the claim by settlement or trial;

      (g) The disposition of each claim;

      (h) The amount of money awarded through settlement or by verdict;

      (i) The sum of money paid to each claimant and the source of that sum; and

      (j) Any sum of money allocated to expenses for the adjustment of losses.

      2.  The commissioner shall submit with his report to the legislature required pursuant to NRS 679B.410, a summary of the information collected pursuant to this section.

      3.  The commissioner shall adopt regulations necessary to carry out the provisions of this section.

________

 


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ê1997 Statutes of Nevada, Page 508ê

 

CHAPTER 202, AB 396

Assembly Bill No. 396–Assemblyman Amodei

CHAPTER 202

AN ACT relating to holidays; requiring the Secretary of State to include on the ballot for the next general election the advisory question of whether the Legislature of the State of Nevada should declare the last Friday in October as the legal holiday to observe Nevada Day; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Secretary of State shall include on the ballot for the general election held on November 3, 1998:

      1.  The advisory question of whether the Legislature of the State of Nevada should declare the last Friday in October as the legal holiday to observe Nevada Day thereby establishing a 3-day weekend during which the parade held in Carson City to celebrate Nevada Day would be held on the Saturday immediately following the last Friday in October.

      2.  A statement that the passage or defeat of the advisory question included on the ballot pursuant to subsection 1 is not binding upon:

      (a) The Legislature of the State of Nevada; or

      (b) Any member of the Legislature of the State of Nevada.

      Sec. 2.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

________

 

CHAPTER 203, SB 359

Senate Bill No. 359–Committee on Judiciary

CHAPTER 203

AN ACT relating to statutes; ratifying technical corrections made to sections of NRS and to multiple amendments of sections of NRS; correcting the effective date of, correcting certain provisions in and repealing certain provisions in Statutes of Nevada; and providing other matters properly relating thereto.

 

[Approved June 26, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 289.410 is hereby amended to read as follows:

      289.410  1.  A peace officer shall not use a choke hold on any other person unless:

      (a) The agency employing the peace officer authorizes the use of the choke hold by its peace officers in the course of their duties; and

      (b) The peace officer has successfully completed training in the proper use of the choke hold and holds current certification for its use by the agency which employs him.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 509 (Chapter 203, SB 359)ê

 

      2.  If a law enforcement agency finds that a peace officer has violated the provisions of subsection 1, the peace officer is subject to such disciplinary action as is provided for such an offense by the agency.

      3.  Each agency in this state which employs a peace officer shall adopt regulations which govern whether the use of a choke hold by its officers during the course of their duties is authorized. If an agency authorizes such a use of a choke hold, the agency shall also adopt regulations which specifically address:

      (a) The manner in which a peace officer, certified for use of a choke hold, is authorized to use the hold in the course of his duties;

      (b) The manner in which records of training, certification and recertification will be maintained to ensure compliance with any applicable statutory or other related requirements; and

      (c) The consequences of unauthorized or uncertified use of a choke hold.

      4.  As used in this [section:

      (a) “Choke] section, “choke hold” means the holding of a person’s neck in a manner specifically intended to restrict the flow of oxygen or blood to the person’s lungs or brain. The term includes the arm-bar restraint, carotid restraint and lateral vascular neck restraint.

      [(b) “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 281.0311 to 281.0353, inclusive.]

      Sec. 2.  Section 673 of chapter 466, Statutes of Nevada 1993, at page 1701, is hereby amended to read as follows:

       Sec. 673.  NRS 534A.070 is hereby amended to read as follows:

       534A.070  1.  The [executive director] administrator of the [department] division of minerals of the department of business and industry shall approve or reject an application for a permit to drill an exploratory well within 10 days after he receives the application in proper form. Such a permit must not be effective for more than 2 years, but may be extended by the [executive director.] administrator.

       2.  Upon receipt of an application for a permit to drill or operate a geothermal well, the [executive director] administrator of the division of minerals shall transmit copies of the application to the state engineer, the administrator of the division of environmental protection of the state department of conservation and natural resources and the [director of the department of wildlife.] administrator of the division of wildlife of the state department of conservation and natural resources. After consultation with the state engineer [, the administrator and the director, respectively, the executive director] and each of the administrators, the administrator of the division of minerals may issue a permit to drill or operate a geothermal well if it is determined that issuance of a permit is consistent with:

       (a) The policies specified in NRS 445.132 and 445.401;

       (b) The purposes of chapters 533 and 534 of NRS; and

       (c) The purposes specified in chapter 501 of NRS.

       3.  The [executive director] administrator of the division of minerals shall approve or reject the application to drill or operate a geothermal well within 90 days after he receives it in proper form, unless it is determined that a conflict exists pursuant to subsection 2 or a public hearing is necessary pursuant to subsection 4.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 510 (Chapter 203, SB 359)ê

 

unless it is determined that a conflict exists pursuant to subsection 2 or a public hearing is necessary pursuant to subsection 4. Notice of the conflict or need for a public hearing must be provided to the applicant within the 90-day period.

       4.  The state engineer and the [executive director] administrator of the [department] division of minerals may hold public hearings jointly or separately to gather such evidence or information as they deem necessary for a full understanding of all the rights involved and to guard properly the public interest.

       5.  A permit issued pursuant to this section must include any conditions:

       (a) Deemed necessary by the [executive director] administrator of the division of minerals to carry out the purposes of this section; and

       (b) Imposed by the state engineer consistent with chapters 533 and 534 of NRS.

      Sec. 3.  Section 15 of chapter 175, Statutes of Nevada 1995, at page 269, is hereby amended to read as follows:

       Sec. 15.  NRS 642.390 is hereby amended to read as follows:

       642.390  Upon receipt of an application for a [license,] permit to operate a funeral establishment, a funeral director’s license or a license to conduct direct cremations or immediate burials, the board shall cause an investigation to be made as to the character of the applicant, and may require such showing as will reasonably prove his good character.

      Sec. 4.  Section 34 of chapter 181, Statutes of Nevada 1995, at page 300, is hereby amended to read as follows:

       Sec. 34.  NRS 453.341 is hereby amended to read as follows:

       453.341  1.  Prosecution for any violation of law occurring [prior to] before January 1, 1972, is not affected or abated by the provisions of NRS 453.011 to 453.552, inclusive. If the offense being prosecuted is similar to one set out in NRS 453.321 to 453.552, inclusive, then the penalties under NRS 453.321 to 453.552, inclusive, apply if they are less than those under prior law.

       2.  Civil seizures or forfeitures and injunctive proceedings commenced [prior to] before January 1, 1972, are not affected by the provisions of NRS 453.011 to 453.552, inclusive.

       3.  All administrative proceedings pending under prior laws which are superseded by NRS 453.011 to 453.552, inclusive, [shall] must be continued and brought to a final determination in accord with the laws and rules in effect [prior to] before January 1, 1972. Any substance controlled under prior law which is not listed within schedules I to V, inclusive, is automatically controlled without further proceedings and [shall] must be listed in the appropriate schedule.

       4.  The board shall initially permit persons to register who own or operate any establishment engaged in the [manufacture, distribution or] dispensing of any controlled substance [prior to] before January 1, 1972, and who are registered or licensed by the state.

       5.  NRS 453.011 to 453.552, inclusive, apply to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur [following] on or after January 1, 1972.


…………………………………………………………………………………………………………………

ê1997 Statutes of Nevada, Page 511 (Chapter 203, SB 359)ê

 

proceedings and investigations which occur [following] on or after January 1, 1972.

      Sec. 5.  Section 2 of chapter 245, Statutes of Nevada 1995, at page 400, is hereby amended to read as follows:

       Sec. 2.  Chapter 174 of NRS is hereby amended by adding thereto a new section to read as follows:

       If the trial involves acts committed against a child less than 16 years of age or involving acts witnessed by a child less than 16 years of age, the prosecuting attorney shall request the court, in its discretion, to give preference in setting a date for the trial of the defendant. In making a ruling, the court may consider the effect a delay in the commencement of the trial might have on the mental or emotional health or well-being of the child.

      Sec. 6.  Section 1 of chapter 246, Statutes of Nevada 1995, at page 400, is hereby amended to read as follows:

       Section 1.  Section 2.310 of the charter of the City of North Las Vegas, being chapter 189, Statutes of Nevada 1993, at page 333, is hereby amended to read as follows:

      Sec. 2.310  Powers of city council: Creation of library district.

      1.  The city council may create a municipal library district to include all of the territory of the city except any such territory included within another library district on the date of creation of the municipal library district. The city council may designate itself as the governing authority of the municipal library district or may appoint a board of trustees as the governing authority.

      2.  The governing authority of the municipal library district has the powers and duties provided for the trustees of a public library by NRS 379.025, 379.026, 379.040 and 379.060, and the city council may provide for a tax upon all taxable property in the district [at the same rate as is levied for the same year for the consolidated library district which includes the City of Las Vegas.] for the purpose of operating the district. The rate of the tax must be calculated pursuant to NRS 354.59811. The limit upon the calculated receipts from the tax may be exceeded pursuant to a vote of the people as provided in NRS 354.5982.

      3.  The governing authority of the municipal library district may propose the issuance of general obligation bonds in an amount not to exceed 10 percent of the total last assessed valuation of the taxable property of the district for the purpose of acquiring, constructing or improving buildings and other real property to be used for library purposes or for purchasing books, materials and equipment for libraries. If the governing authority decides to propose the issuance of bonds, the proposal must be submitted to the debt management commission of the county in which the district is situated, pursuant to the provisions of NRS 350.001 to 350.006, inclusive. If the commission approves the proposed issuance, the question of issuing the bonds must be submitted to the registered electors of the district in accordance with the provisions of NRS 350.020 to 350.070, inclusive. If a majority of the electors voting on the question favors the proposal, the governing authority shall issue the bonds as general obligations of the municipal library district pursuant to the provisions of the Local Government Securities Law.


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the proposal, the governing authority shall issue the bonds as general obligations of the municipal library district pursuant to the provisions of the Local Government Securities Law.

      4.  The district is not entitled to receive any distribution of supplemental city-county relief tax.

      Sec. 7.  Section 7 of chapter 256, Statutes of Nevada 1995, at page 415, is hereby amended to read as follows:

       Sec. 7.  1.  The board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.

       2.  Lifetime supervision shall be deemed a form of parole for the limited purposes of the applicability of the provisions of subsection 9 of NRS 213.1095, NRS 213.1096, 213.10973 and subsection 2 of NRS 213.110.

       3.  A person who violates a condition imposed on him pursuant to the program of lifetime supervision is guilty of a felony.

       4.  A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment pursuant to this subsection becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

      Sec. 8.  Section 16 of chapter 295, Statutes of Nevada 1995, at page 740, is hereby amended to read as follows:

       Sec. 16.  Chapter 331 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  The chief shall remove or cover all evidence that graffiti has been placed on the real or personal property which is owned or otherwise controlled by the state within 15 days after he discovers the graffiti or as soon as practicable.

       2.  The chief may bring an action against a person responsible for placing graffiti on the property to recover a civil penalty and damages for the cost of removing or covering the graffiti placed on such property.

       3.  As used in this section, “graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on the public or private property, real or personal, of another, which defaces such property.

      Sec. 9.  Section 5 of chapter 331, Statutes of Nevada 1995, at page 834, is hereby amended to read as follows:

       Sec. 5.  NRS 322.060 is hereby amended to read as follows:

       322.060  Leases or easements authorized pursuant to the provisions of NRS 322.050, and not made for the purpose of extracting oil, coal or gas or the utilization of geothermal resources from the lands leased, must be:


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       1.  For such areas as may be required to accomplish the purpose for which the land is leased or the easement granted.

       2.  [For] Except as otherwise provided in sections 2 and 3 of this act, for such term and consideration as the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, may determine reasonable based upon the fair market value of the land.

       3.  Executed upon a form to be prepared by the attorney general. The form must contain all of the covenants and agreements usual or necessary to such leases or easements.

      Sec. 10.  Sections 1 and 2 of chapter 400, Statutes of Nevada 1995, at pages 996 and 997, respectively, are hereby amended to read respectively as follows:

       Section 1.  NRS 171.204 is hereby amended to read as follows:

       171.204  1.  Except as otherwise provided in subsection 2, the magistrate may, if good cause is shown and upon the request of [the defendant,] any party or on his own motion, exclude from the examination every person except [his clerk, the prosecutor and his counsel, the] :

       (a) The magistrate’s clerk;

       (b) The attorney general [, the district attorney of the county, the] ;

       (c) The prosecuting attorney;

       (d) An investigating officer, after he has testified as a prosecuting witness and his cross-examination has been completed;

       (e) Any counsel for the victim;

       (f) The victim, after he has testified as a prosecuting witness and his cross-examination has been completed;

       (g) The defendant and his counsel [, the] ;

       (h) The witness who is testifying [, the] ;

       (i) The officer having the defendant or a witness in his custody [, an] ;

       (j) An attendant to a prosecuting witness designated pursuant to NRS 178.571 ; and [any]

       (k) Any other person whose presence is found by the magistrate to be necessary for the proper conduct of the examination.

       2.  A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded from the examination except in the discretion of the magistrate.

       3.  As used in this section, “victim” includes any person described in NRS 178.569.

       Sec. 2.  NRS 50.155 is hereby amended to read as follows:

       50.155  1.  Except as otherwise provided in subsections 2 and 3, at the request of a party the judge shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and he may make the order of his own motion.

       2.  This section does not authorize the exclusion of:

       (a) A party who is a natural person;

       (b) An officer or employee of a party which is not a natural person designated as its representative by its attorney; [or]


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       (c) A person whose presence is shown by a party to be essential to the presentation of his cause [.] ; or

       (d) Except as otherwise provided in NRS 171.204, any of the persons listed in subsection 1 of that section.

       3.  A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded except in the discretion of the judge.

      Sec. 11.  Section 7 of chapter 409, Statutes of Nevada 1995, at page 1019, is hereby amended to read as follows:

       Sec. 7.  1.  Except as otherwise provided in subsection 2, a municipality shall sell the bonds it issues by competitive bid if the credit rating for the bonds or any other bonds of the municipality with the same security, determined without regard to insurance for the bonds or any other independent enhancement of credit, is rated by a nationally recognized rating service as “A-,” “A,” “AA,” “AAA,” or their equivalents, 90 days before and on the day the bonds are sold and:

       (a) The bonds are general obligation bonds;

       (b) The primary security for the bonds is an excise tax; or

       (c) The bonds are issued pursuant to chapter 271 of NRS and are secured by a pledge of the taxing power and the general fund of the municipality.

       2.  The provisions of subsection 1 and sections 9 and 10 of this act do not apply to:

       (a) Any bond which is issued with a variable rate of interest.

       (b) A bond issue whose principal amount is $1,000,000 or less.

       (c) A bond issue with a term of 3 years or less.

       (d) A bond issue for which an invitation for competitive bids was issued and for which no bids were received or all bids were rejected.

       (e) Leases, contracts for purchase by installment and certificates of participation if the obligations of the municipality thereunder will terminate when the municipality fails to appropriate money to pay that obligation for the next fiscal year.

       (f) Economic development revenue bonds issued pursuant to the city economic development revenue bond law or the county economic development revenue bond law.

       (g) Bonds sold by the municipality to:

             (1) The United States or any agency or instrumentality thereof;

             (2) The State of Nevada;

             (3) Any other municipality; or

             (4) Not more than 10 investors each of whom certifies that he:

                   (I) Has a net worth of $500,000 or more; and

                   (II) Is purchasing for investment and not for resale.

       (h) Bonds which require unusual methods of financing, if the chief administrative officer of the municipality certifies in writing that the proposed method of financing:

             (1) Has not been used previously by any municipality in this state; and

             (2) May provide a substantial benefit to the municipality.


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       (i) Refunding bonds, if the chief administrative officer of the municipality certifies in writing that the use of a negotiated sale may provide a substantial benefit to the municipality which would not be available if the bonds were sold by competitive bid.

       (j) Bonds which are sold at a time when, because of particular conditions in the market, a negotiated sale may provide a benefit to the municipality which would not be available if the bonds were sold by competitive bid, if the chief administrative officer of the municipality so certifies in writing.

       (k) Bonds which are issued pursuant to chapter 271 of NRS and are not secured by a pledge of the taxing power and general fund of the municipality.

       (l) Revenue bonds which are issued pursuant to chapter 350A of NRS and are secured by a pledge of the allocable local revenues of the municipality.

       3.  The certificate required by paragraph (h) of subsection 2 must specifically describe the proposed method of financing. The certificate required by paragraph (i) of subsection 2 must specifically describe the circumstances that may provide a substantial benefit if the refunding bonds are negotiated. The certificate required by paragraph (j) of subsection 2 must specifically describe the particular conditions in the market which indicate that a negotiated sale of the bonds may provide a benefit to the municipality. Each certificate required pursuant to subsection 2 must be submitted to the governing body of the municipality at a regularly scheduled meeting of that body and include:

       (a) The estimated amount of the benefit which will accrue to the municipality.

       (b) If the municipality has a financial adviser, a written report prepared by that financial adviser which specifically describes the method of sale which will be used for the proposed financing.

       4.  A copy of:

       (a) The certificate required by paragraph (h), (i) or (j) of subsection 2; and

       (b) The report required pursuant to subsection 3,

must be filed with the debt management commission of the county where the municipality is located, the county clerk and the department of taxation. Before entering into a contract to sell bonds, at least two-thirds of the members of the governing body of the municipality must approve the certificate.

       5.  If a municipality is required to sell the bonds it issues by competitive bid pursuant to the provisions of this section, it must cause an invitation for competitive bids, or notice thereof, to be published before the date of the sale in the daily or weekly version of the Bond Buyer, published at One State Street Plaza in New York City, New York, or any successor publication.

       6.  As used in this section, “invitation for competitive bids” means a process by which sealed bids or the reasonable equivalent thereof, as approved by the governing body of a municipality, are solicited, received and publicly opened at a specified time, place and date.


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      Sec. 12.  Sections 69 and 75 of chapter 431, Statutes of Nevada 1995, at pages 1102 and 1104, respectively, are hereby amended to read respectively as follows:

       Sec. 69.  NRS 685A.120 is hereby amended to read as follows:

       685A.120  1.  No person in this state may act as, hold himself out as, or be a surplus lines broker with respect to subjects of insurance resident, located or to be performed in this state or elsewhere unless he is licensed as such by the commissioner pursuant to this chapter.

       2.  Any person who has been licensed by this state as a resident broker for general lines for at least 6 months or has been licensed in another state as a surplus lines broker for at least 1 year and who is deemed by the commissioner to be competent and trustworthy with respect to the handling of surplus lines may be licensed as a surplus lines broker upon:

       (a) Application for a license and payment of the applicable fee for a license and a fee of $15 for deposit in the insurance recovery [fund;] account created by NRS 679B.305; and

       (b) Passing any examination prescribed by the commissioner on the subject of surplus lines.

       3.  Application for the license must be made to the commissioner on forms designated and furnished by him.

       4.  A license issued pursuant to this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. The license may be renewed by payment of the applicable fee for renewal and a fee of $15 for deposit in the insurance recovery [fund] account created by NRS 679B.305 to the commissioner on or before the last day of the month in which the license is renewable.

       5.  A license which is not renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required and a fee of $15 for deposit in the insurance recovery [fund.] account created by NRS 679B.305.

       Sec. 75.  [Section] Sections 2 and 69 of this act [becomes] become effective at 12:01 a.m. on October 1, 1995.

      Sec. 13.  Sections 12 and 13 of chapter 442, Statutes of Nevada 1995, at pages 1152 and 1154, respectively, are hereby amended to read respectively as follows:

       Sec. 12.  NRS 202.300 is hereby amended to read as follows:

       202.300  1.  [A minor] Except as otherwise provided in this section, a child under the age of [14] 18 years shall not handle or have in his possession or under his control, except while accompanied by or under the immediate charge of his parent or guardian or an adult person [,] authorized by his parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.


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       2.  [Every person violating any of the provisions of subsection 1, or aiding or knowingly permitting any such minor] A person who aids or knowingly permits a child to violate [the] subsection 1:

       (a) Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.

       (b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a felony.

       (c) For a second or any subsequent offense, is guilty of a felony.

       3.  [In determining the appropriate penalty for a violation of subsection 2, the court shall consider as an aggravating factor, if applicable, whether the defendant left a loaded firearm within reach of or easily accessible to a minor who used the firearm to inflict injury or death upon himself or another person, unless:] A person does not aid or knowingly permit a child to violate subsection 1 if:

       (a) The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;

       (b) The [minor] child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;

       (c) The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or

       (d) The [minor] child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his official duties.

       4.  The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.

       5.  Except as otherwise provided in subsection 8, a child who is 14 years of age or older, who has in his possession a valid license to hunt, may handle or have in his possession or under his control, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him:

       (a) A rifle or shotgun that is not a fully automatic firearm, if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his parent or guardian to handle or have in his possession or under his control the rifle or shotgun; or

       (b) A firearm capable of being concealed upon the person, if the child has the written permission of his parent or guardian to handle or have in his possession or under his control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,

and the child is traveling to the area in which he will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.

       6.  Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his possession or under his control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him, if the child has the permission of his parent or guardian to handle or have in his possession or under his control the rifle or shotgun and the child is:

 


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adult person authorized by his parent or guardian to have control or custody of him, if the child has the permission of his parent or guardian to handle or have in his possession or under his control the rifle or shotgun and the child is:

       (a) Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;

       (b) Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;

       (c) Participating in a lawfully organized competition or performance involving the use of a firearm;

       (d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and he is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;

       (e) Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;

       (f) On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or

       (g) At his residence.

       7.  Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his possession or under his control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection 6, a firearm capable of being concealed upon the person, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him, if the child:

       (a) Has the written permission of his parent or guardian to handle or have in his possession or under his control such a firearm for the purpose of engaging in such an activity; and

       (b) Is not otherwise prohibited by law from possessing such a firearm.

       8.  A child shall not handle or have in his possession or under his control a loaded firearm if he is:

       (a) An occupant of a motor vehicle;

       (b) Within any residence, including his residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or

       (c) Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless he is within a facility licensed for target practice.

       9.  A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment pursuant to this section becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.


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which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

       10.  For the purposes of this section, a firearm is loaded if:

       (a) There is a cartridge in the chamber of the firearm;

       (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

       (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

       Sec. 13.  NRS 202.310 is hereby amended to read as follows:

       202.310  1.  Any person in this state who sells or barters to [another] a child under the age of 18 years [either] , with reckless disregard of whether the child is under the age of 18 years, or with knowledge or reason to know that the child is under the age of 18 years, a pistol, revolver or a firearm capable of being concealed upon the person [shall be] is guilty of a [misdemeanor.

       2.  The term “firearm capable of being concealed upon the person” as used in this section applies to and includes all firearms having a barrel less than 12 inches in length.] felony.

       2.  A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment pursuant to this section becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

      Sec. 14.  1.  Sections 98, 175, 181, 233, 293, 295, 392 and 394 of chapter 443, Statutes of Nevada 1995, at pages 1204, 1236, 1238, 1258, 1285, 1287 and 1340, are hereby amended to read respectively as follows:

       Sec. 98.  NRS 202.170 is hereby amended to read as follows:

       202.170  [Every] A person who willfully mingles poison or any other harmful substance, including, but not limited to, glass or a razor blade, in any food, drink or medicine intended or prepared for the use of a human being, and [every] a person who willfully poisons any spring, well or reservoir of water, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [1 year nor] 2 years and a maximum term of not more than [10] 15 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

       Sec. 175.  NRS 205.950 is hereby amended to read as follows:

       205.950  1.  It is unlawful for a person to receive an advance fee, salary, deposit or money to obtain a loan for another unless he places the advance fee, salary, deposit or money in escrow pending completion of the loan or a commitment for the loan.

       2.  Advance payments to cover reasonably estimated costs paid to third persons are excluded from the provisions of subsection 1 if the person making them first signs a written agreement which specifies the estimated costs by item and the estimated aggregate cost, and which recites that money advanced for costs will not be refunded.


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recites that money advanced for costs will not be refunded. If an itemized service is not performed and the estimated cost thereof is not refunded, the recipient of the advance payment is subject to the penalties provided in subsection 3.

       3.  [Any] A person who violates the provisions of this section:

       (a) Is guilty of a misdemeanor if the amount is less than $250;

       (b) Is guilty of a gross misdemeanor if the amount is $250 or more but less than $1,000; or

       (c) [Shall] Is guilty of a category D felony if the amount is $1,000 or more and shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, if the amount is $1,000 or more.] as provided in NRS 193.130.

       Sec. 181.  1.  A conviction under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.

       2.  If a count under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a jury trying the offense or a grand jury considering an indictment for the offense. A count under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session may be separately filed after conviction of the primary offense, but if it is so filed, sentence must not be imposed, or the hearing required by subsection 3 held, until 15 days after the separate filing.

       3.  If a defendant charged under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session is found guilty of, or pleads guilty to, the primary offense, but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant. At such a hearing, the defendant may not challenge the validity of a previous conviction. The court shall impose sentence:

       (a) Under NRS 207.010 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality;

       (b) Under section 180 of this act upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual felon; or

       (c) Under section 2 of Assembly Bill No. 570 of this session upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitually fraudulent felon.

       4.  Nothing in the provisions of this section, NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.


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       5.  For the purposes of NRS 207.010, section 180 of this act and section 2 of Assembly Bill No. 570 of this session, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.

       Sec. 233.  NRS 213.1085 is hereby amended to read as follows:

       213.1085  1.  The board shall appoint an executive secretary, who is in the unclassified service of the state.

       2.  The executive secretary must be selected on the basis of his training, experience, capacity and interest in correctional services.

       3.  The board shall supervise the activities of the executive secretary.

       4.  The executive secretary is the secretary of the board and shall perform such duties in connection therewith as the board may require, including, but not limited to, preparing the agenda for board meetings and answering correspondence from prisoners in the state prison.

       5.  The executive secretary shall prepare a list at least 30 days before any scheduled action by the board showing each person then eligible for parole indicating:

       (a) The name of the prisoner;

       (b) The crime for which he was convicted;

       (c) The county in which he was sentenced;

       (d) The date of the sentence;

       (e) The length of the sentence [;] , including the minimum term and maximum term of imprisonment or the definite term of imprisonment, if one is imposed;

       (f) The amount of time actually served in the state prison;

       (g) The amount of credit for time previously served in a county jail; and

       (h) The amount of credit allowed [for good behavior.] to reduce his sentence pursuant to chapter 209 of NRS.

The executive secretary shall send copies to all law enforcement agencies in [Nevada] this state and to other persons whom he deems appropriate, at least 30 days before any scheduled action by the board. Each law enforcement agency that receives the list shall make the list available for public inspection during normal business hours.

       Sec. 293.  NRS 453.336 is hereby amended to read as follows:

       453.336  1.  It is unlawful for [any] a person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician, dentist, podiatric physician or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.

       2.  Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, [any] a person who violates this section shall be punished:

       (a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.


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       (b) For a second offense, if the controlled substance is listed in schedule I, II, III or IV, or if, in case of a first conviction of violation of this section, the offender has previously been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.

       (c)] for a category E felony as provided in NRS 193.130.

       (b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, [the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years] for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

       [(d)] (c) For the first offense, if the controlled substance is listed in schedule V, [by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.

       (e)] for a category E felony as provided in NRS 193.130.

       (d) For a second or subsequent offense, if the controlled substance is listed in schedule V, [by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

       3.  Any] for a category D felony as provided in NRS 193.130.

       3.  Unless a greater penalty is provided in NRS 212.160, a person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:

       (a) For the first [offense:

             (1) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000; or

             (2) Shall be punished by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000, and may have his driver’s license suspended for not more than 6 months.

       (b) For the] and second offense, is guilty of a category E felony and shall be punished [in the manner prescribed by subsection 2 for a first offense.

       (c)] as provided in NRS 193.130.

       (b) For a third or subsequent offense, is guilty of a category D felony and shall be punished [in the manner prescribed by subsection 2 for a second offense.] as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

       4.  Before sentencing under the provisions of subsection 3 for a first offense, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176.195.


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with the provisions of NRS 176.195. After the report is received but before sentence is pronounced the court shall:

       (a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and

       (b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information . [received as to whether the person convicted of the offense shall be adjudged to have committed a felony or to have committed a gross misdemeanor.]

       Sec. 295.  NRS 453.338 is hereby amended to read as follows:

       453.338  1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for [any] a person to possess for the purpose of sale any controlled substance classified in schedule III, IV or V.

       2.  [Any] A person who violates this section shall be punished:

       (a) For the first and second offense, [by imprisonment in the state prison for not less than 1 year nor more than 6 years and may be further punished by a fine of not more than $5,000.

       (b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, by imprisonment in the state prison for not less than 1 year nor more than 10 years] for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

       [(c)] (b) For a third or subsequent offense, or if the offender has been previously convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, [by imprisonment in the state prison for life or for a definite term of not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000 for each offense.] for a category C felony as provided in NRS 193.130.

       3.  The court shall not grant probation to or suspend the sentence of [any] a person convicted of violating this section and punishable under paragraph (b) [or (c)] of subsection 2.

       Sec. 392.  1.  Sections 1 and 2 of Senate Bill No. 192 of this session, section 3 of Senate Bill No. 513 of this session, section 1 of Assembly Bill No. 256 of this session and [sections 3 and 11 of Assembly Bill No. 570 of this session] section 58 of chapter 637, Statutes of Nevada 1995, at page 2482, are hereby repealed.

       2.  Sections 3 and 11 of chapter 341, Statutes of Nevada 1995, at pages 856 and 860, respectively, are hereby repealed.

       Sec. 394.  1.  This section and [sections] subsection 2 of section 392 of this act become effective at 11:59 p.m. on June 30, 1995.


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       2.  Sections 1 to 181, inclusive, 183 to 194, inclusive, 196 to 207, inclusive, 209 to 232, inclusive, 234 to 338, inclusive, 340 to 355, inclusive, 358 to 379, inclusive, 381 to 388, inclusive, [and 390 to 393, inclusive,] 390, 391, 391.5 and 393 of this act, and subsection 1 of section 392 of this act , become effective on July 1, 1995.

       [2.] 3.  Sections 182, 195, 208, 233, 339, 356, 357, 380 and 389 of this act become effective at 12:01 a.m. on July 1, 1995.

       4.  Section 374.5 of this act becomes effective on October 1, 1995.

      2.  Chapter 443, Statutes of Nevada 1995, at page 1321, is hereby amended by adding thereto a new section to be designated as section 374.5, immediately following section 374, to read as follows:

       Sec. 374.5.  Section 181 of this act is hereby amended to read as follows:

      Sec. 181.  1.  A conviction under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.

      2.  If a count under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a jury trying the offense or a grand jury considering an indictment for the offense. A count under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session may be separately filed after conviction of the primary offense, but if it is so filed, sentence must not be imposed, or the hearing required by subsection 3 held, until 15 days after the separate filing.

      3.  If a defendant charged under NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session pleads guilty or guilty but mentally ill to, or is found guilty of, [or pleads guilty to,] the primary offense, but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant. At such a hearing, the defendant may not challenge the validity of a previous conviction. The court shall impose sentence:

      (a) Under NRS 207.010 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality;

      (b) Under section 180 of this act upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual felon; or

      (c) Under section 2 of Assembly Bill No. 570 of this session upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitually fraudulent felon.

      4.  Nothing in the provisions of this section, NRS 207.010, section 180 of this act or section 2 of Assembly Bill No. 570 of this session, limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.


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session, limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.

      5.  For the purposes of NRS 207.010, section 180 of this act and section 2 of Assembly Bill No. 570 of this session, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.

      3.  Chapter 443, Statutes of Nevada 1995, at page 1340, is hereby amended by adding thereto a new section to be designated as section 391.5, immediately following section 391, to read as follows:

       Sec. 391.5.  Section 16 of chapter 516, Statutes of Nevada 1995, at page 1719, is hereby amended to read as follows:

      Sec. 16.  NRS 453.336 is hereby amended to read as follows:

      453.336  1.  It is unlawful for a person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician, physician’s assistant, dentist, podiatric physician or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive.

      2.  Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

      (a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

      (b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

      (c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.

      (d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.

      3.  Unless a greater penalty is provided in NRS 212.160, a person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:

      (a) For the first and second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      (b) For a third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

      4.  Before sentencing under the provisions of subsection 3 for a first offense, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176.195.


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accordance with the provisions of NRS 176.195. After the report is received but before sentence is pronounced the court shall:

      (a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and

      (b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information.

      Sec. 15.  Section 3 of chapter 448, Statutes of Nevada 1995, at page 1417, is hereby amended to read as follows:

       Sec. 3.  1.  No civil action based upon a claim relating to:

       (a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or

       (b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property,

may be commenced in any court in this state unless the action has been submitted to mediation or arbitration pursuant to the provisions of sections 2 to 8, inclusive, of this act and, if the civil action concerns real estate within a planned community subject to the provisions of chapter 116 of NRS, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted.

       2.  A court shall dismiss any civil action which is commenced in violation of the provisions of subsection 1.

      Sec. 16.  Section 4 of chapter 453, Statutes of Nevada 1995, at page 1425, is hereby amended to read as follows:

       Sec. 4.  NRS 213.107 is hereby amended to read as follows:

       213.107  As used in NRS 213.107 to 213.160, inclusive, section 5 of Senate Bill No. 61 of this session, section 1 of Assembly Bill No. 288 of this session , [and] sections 7 to 10, inclusive, of chapter 256, Statutes of Nevada 1995, and section 3 of this act, unless the context otherwise requires:

       1.  “Board” means the state board of parole commissioners.

       2.  “Chief ” means the chief parole and probation officer.

       3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

       4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

       5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

       6.  “Sexual offense” means:

       (a) A violation of NRS 200.366, subsection 3 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

       (b) An attempt to commit any offense listed in paragraph (a); or

       (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to section 3 of [this act.]


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home if the act is determined to be sexually motivated at a hearing conducted pursuant to section 3 of [this act.] chapter 256, Statutes of Nevada 1995.

       7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.

      Sec. 17.  1.  Section 10 of chapter 486, Statutes of Nevada 1995, at page 1583, is hereby amended to read as follows:

       Sec. 10.  NRS 616.192 is hereby amended to read as follows:

       616.192  1.  Except as otherwise provided in this section, NRS 616.193 and 616.550, and section 8 of [this act,] chapter 587, Statutes of Nevada 1995, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.

       2.  Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under this chapter.

       3.  The division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The manager may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:

       (a) Any agency of this or any other state charged with the administration or enforcement of workers’ compensation law, unemployment compensation law, public assistance law or labor law;

       (b) Any state or local agency for the enforcement of child support;

       (c) The Internal Revenue Service of the Department of the Treasury;

       (d) The department of taxation; and

       (e) The state contractors’ board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Information obtained in connection with the administration of a workers’ compensation program may be made available to persons or agencies for purposes appropriate to the operation of a workers’ compensation program.

       4.  Upon written request made by a public officer of a local government, the manager shall furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The manager may charge a reasonable fee for the cost of providing the requested information.


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       5.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the manager that he furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the manager shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.

       [5.] 6.  The manager shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for its use in verifying returns for the business tax. The manager may charge a reasonable fee to cover any related administrative expenses.

       [6.] 7.  If the manager or any employee of the manager, in violation of this section, discloses information obtained from files of claimants or policyholders, or if any person who has obtained a list of claimants or policyholders under this chapter uses or permits the use of the list for any political purposes, he is guilty of a gross misdemeanor.

       [7.] 8.  All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      2.  Chapter 486, Statutes of Nevada 1995, at page 1584, is hereby amended by adding thereto a new section to be designated as section 10.5, immediately following section 10, to read as follows:

       Sec. 10.5.  Section 54 of chapter 580, Statutes of Nevada 1995, at page 2011, is hereby amended to read as follows:

      Sec. 54.  NRS 616.192 is hereby amended to read as follows:

      616.192  1.  Except as otherwise provided in this section, NRS 616.193 and 616.550, and section 8 of chapter 587, Statutes of Nevada 1995, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.

      2.  Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding [under] pursuant to this chapter.

      3.  The division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The [manager] administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:


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ê1997 Statutes of Nevada, Page 529 (Chapter 203, SB 359)ê

 

      (a) Any agency of this or any other state charged with the administration or enforcement of [workers’ compensation law,] laws relating to industrial insurance, unemployment compensation , [law,] public assistance [law] or labor [law;] and industrial relations;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The department of taxation; and

      (e) The state contractors’ board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Information obtained in connection with the administration of a [workers’ compensation] program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a [workers’ compensation program.] program of industrial insurance.

      4.  Upon written request made by a public officer of a local government, the [manager] administrator shall furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The [manager] administrator may charge a reasonable fee for the cost of providing the requested information.

      5.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the [manager] administrator that he furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the [manager] administrator shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.

      6.  The [manager] administrator shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for its use in verifying returns for the business tax. The [manager] administrator may charge a reasonable fee to cover any related administrative expenses.


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ê1997 Statutes of Nevada, Page 530 (Chapter 203, SB 359)ê

 

      7.  If the [manager or] administrator, any employee of the [manager,] division or the commissioner in violation of this section, discloses information obtained from files of claimants or policyholders, or if any person who has obtained a list of claimants or policyholders under this chapter uses or permits the use of the list for any political purposes, he is guilty of a gross misdemeanor.

      8.  All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 18.  Sections 16, 57 and 60 of chapter 496, Statutes of Nevada 1995, at pages 1613, 1635 and 1636, respectively, are hereby amended to read respectively as follows:

       Sec. 16.  NRS 680A.200 is hereby amended to read as follows:

       680A.200  1.  The commissioner may refuse to continue or may suspend, limit or revoke an insurer’s certificate of authority if he finds after a hearing thereon, or upon waiver of hearing by the insurer, that the insurer has:

       (a) Violated or failed to comply with any lawful order of the commissioner;

       (b) Conducted his business in an unsuitable manner;

       (c) Willfully violated or willfully failed to comply with any lawful regulation of the commissioner; or

       (d) Violated any provision of this code other than one for violation of which suspension or revocation is mandatory.

In lieu of such a suspension or revocation, the commissioner may levy upon the insurer, and the insurer shall pay forthwith, an administrative fine of not more than $2,000 for each act or violation.

       2.  Except as otherwise provided in chapter 696B of NRS, the commissioner shall suspend or revoke an insurer’s certificate of authority on any of the following grounds if he finds after a hearing thereon that the insurer:

       (a) Is in unsound condition, is being fraudulently conducted, or is in such a condition or is using such methods and practices in the conduct of its business as to render its further transaction of insurance in this state currently or prospectively hazardous or injurious to policyholders or to the public.

       (b) With such frequency as to indicate its general business practice in this state:

             (1) Has without just cause failed to pay, or delayed payment of, claims arising under its policies, whether the claims are in favor of an insured or in favor of a third person with respect to the liability of an insured to the third person; or

             (2) Without just cause compels insureds or claimants to accept less than the amount due them or to employ attorneys or to bring suit against the insurer or such an insured to secure full payment or settlement of such claims.


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       (c) Refuses to be examined, or its directors, officers, employees or representatives refuse to submit to examination relative to its affairs, or to produce its books, papers, records, contracts, correspondence or other documents for examination by the commissioner when required, or refuse to perform any legal obligation relative to the examination.

       (d) Except as otherwise provided in NRS 681A.110, has reinsured all its risks in their entirety in another insurer.

       (e) Has failed to pay any final judgment rendered against it in this state upon any policy, bond, recognizance or undertaking as issued or guaranteed by it, within 30 days after the judgment became final or within 30 days after dismissal of an appeal before final determination, whichever date is the later.

       3.  The commissioner may, without advance notice or a hearing thereon, immediately suspend the certificate of authority of any insurer as to which proceedings for receivership, conservatorship, rehabilitation or other delinquency proceedings have been commenced in any state by the public officer who supervises insurance for that state.

       4.  No proceeding to suspend, limit or revoke a certificate of authority pursuant to this section may be maintained unless it is commenced by the giving of notice to the insurer within 5 years after the occurrence of the charged act or omission. This limitation does not apply if the commissioner finds fraudulent or willful evasion of taxes.

       Sec. 57.  NRS 628A.010 is hereby amended to read as follows:

       628A.010  As used in this chapter, unless the context otherwise requires:

       1.  “Client” means a person who receives advice from a financial planner.

       2.  “Compensation” means a fee for services provided by a financial planner to a client or a commission or other remuneration derived by a financial planner from a person other than the client as the result of the purchase of a good or service by the client.

       3.  “Financial planner” means a person who for compensation advises others upon the investment of money or upon provision for income to be needed in the future, or who holds himself out as qualified to perform either of these functions, but does not include:

       (a) An attorney and counselor at law admitted by the supreme court of this state;

       (b) A certified public accountant or a public accountant licensed pursuant to NRS 628.190 to 628.310, inclusive, or 628.350;

       (c) A broker-dealer or sales representative licensed pursuant to NRS 90.310 or exempt under NRS 90.320;

       (d) An investment adviser licensed pursuant to NRS 90.330 or exempt under NRS 90.340; or

       (e) An insurance agent or broker licensed pursuant to NRS 683A.090 to 683A.350, inclusive, or an insurance consultant licensed pursuant to sections 2 to 11, inclusive, of this act,

whose advice upon investment or provision of future income is incidental to the practice of his profession or business.


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ê1997 Statutes of Nevada, Page 532 (Chapter 203, SB 359)ê

 

       Sec. 60.  1.  This section and sections 12 to [59,] 15, inclusive, 17 to 56, inclusive, 57.5, 58 and 59 of this act become effective on October 1, 1995.

       2.  Sections 16 and 57 of this act become effective at 12:01 a.m. on October 1, 1995.

       3.  Sections 1 to 11, inclusive, of this act become effective on January 1, 1996.

      Sec. 19.  1.  Sections 2, 6, 13 and 15 of chapter 497, Statutes of Nevada 1995, at pages 1637, 1638, 1642 and 1645, respectively, are hereby amended to read respectively as follows:

       Sec. 2.  “Benefit penalty” means an additional amount of money that is payable to a claimant if the administrator has determined that a violation of any of the provisions of paragraphs (a) to (d), inclusive, of subsection 1 of NRS 616.647 has occurred.

       Sec. 6.  NRS 616.182 is hereby amended to read as follows:

       616.182  1.  Except as otherwise provided in this section, the division shall regulate insurers under this chapter and chapter 617 of NRS and investigate insurers regarding compliance with statutes and the division’s regulations.

       2.  The commissioner is responsible for reviewing rates, investigating the solvency of insurers and certifying self-insured employers, associations of self-insured public or private employers and third-party administrators pursuant to NRS 616.291 to 616.298, inclusive, 616.338, 616.3791 to 616.37997, inclusive, and chapter 683A of NRS.

       3.  The department of administration is responsible for contested claims relating to workers’ compensation pursuant to NRS 616.541 to 616.544, inclusive. The system is responsible for administrative appeals pursuant to NRS 616.392.

       4.  The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive [.] , and 616.647.

       5.  The division is responsible for the investigation of complaints. If a complaint is filed with the division , [by an employee of a self-insured employer or of an employer who is a member of an association of self-insured public or private employers, or by a third-party administrator or provider of medical care regarding compliance with statutes or the division’s regulations,] the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons.

       [6.  If an investigation conducted pursuant to subsection 5 indicates that a self-insured employer or an association of self-insured public or private employers has failed to comply with a statute or regulation, the administrator may order that an evidentiary hearing take place. Upon a finding that intentional or repeated noncompliance has occurred, the administrator shall impose an administrative fine of not more than $250 for each initial noncompliance which was not intentional, or a fine of not more than $1,000 for each intentional or repeated noncompliance. Two or more findings of material noncompliance within a 12-month period constitute grounds for the suspension of the self-insured employer’s or association’s certification by the commissioner.]


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period constitute grounds for the suspension of the self-insured employer’s or association’s certification by the commissioner.] If the administrator determines that a violation may have occurred, the administrator shall proceed in accordance with the provisions of NRS 616.647 and section 3 of this act.

       Sec. 13.  NRS 616.647 is hereby amended to read as follows:

       616.647  1.  Except as otherwise provided in [subsection 2,] this section, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:

       (a) Through fraud, coercion, duress or undue influence:

             (1) Induced a claimant [for compensation] to fail to report an accidental injury or occupational disease;

       [(b)] (2) Persuaded a claimant to settle for an amount which is less than reasonable;

       [(c)] (3) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending; or

       [(d)] (4) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer , [or] appeals officer [;

       (e)] , court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to this chapter and chapter 617 of NRS;

       (b) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer , [or] appeals officer [;

       (f)] , court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to this chapter or chapter 617 of NRS, if the refusal or delay occurs:

             (1) Later than 10 days after the date of the settlement agreement or stipulation;

             (2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or division, unless a stay has been granted; or

             (3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or division has been lifted;

       (c) Refused to process a claim for compensation pursuant to this chapter or chapter 617 of NRS;

       (d) Made it necessary for a claimant to [resort to proceedings against the employer or insurer] initiate proceedings pursuant to this chapter or chapter 617 of NRS for compensation found to be due him by a hearing officer , [or] appeals officer [;

       (g)] , court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to this chapter or chapter 617 of NRS;

       (e) Failed to comply with the division’s regulations covering the payment of an assessment relating to the funding of costs of administration of this chapter and chapter 617 of NRS;


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       [(h)] (f) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to section 4.5 of [this act; or

       (i) Intentionally or repeatedly] chapter 587, Statutes of Nevada 1995; or

       (g) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 617 of NRS,

the administrator shall impose an administrative fine of [not more than $250] $1,000 for each initial violation , [which was not intentional,] or a fine of [not more than $1,000 for each intentional or repeated] $10,000 for a second or subsequent violation.

       2.  Except as otherwise provided in this chapter or chapter 617 of NRS, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has failed to comply with any provision of this chapter or chapter 617 of NRS, or any regulation adopted pursuant thereto, the administrator may take any of the following actions:

       (a) Issue a notice of correction for:

             (1) A minor violation, as defined by regulations adopted by the division; or

             (2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 617 of NRS, or any regulation adopted pursuant thereto.

The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. Nothing in this section authorizes the administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.

       (b) Impose an administrative fine for:

             (1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or

             (2) Any other violation of this chapter or chapter 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).

The fine imposed may not be greater than $250 for an initial violation, or more than $1,000 for any second or subsequent violation.

       (c) Order a plan of corrective action to be submitted to the administrator within 30 days after the date of the order.

       3.  If the administrator determines that a violation of any of the provisions of paragraphs (a) to (d), inclusive, of subsection 1 has occurred, the administrator shall order the insurer, organization for managed care, health care provider, third-party administrator or employer to pay to the claimant a benefit penalty in an amount equal to 50 percent of the compensation due or $10,000, whichever is less. In no event may a benefit penalty be less than $500. The benefit penalty is for the benefit of the claimant and must be paid directly to him within 10 days after the date of the administrator’s determination.


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10 days after the date of the administrator’s determination. Proof of the payment of the benefit penalty must be submitted to the administrator within 10 days after the date of his determination unless an appeal is filed pursuant to NRS 616.2207. Any compensation to which the claimant may otherwise be entitled pursuant to this chapter or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection.

       4.  In addition to any fine or benefit penalty imposed pursuant to [subsection 1,] this section, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.

       [3.] 5.  If the administrator determines that a person has violated any of the provisions of NRS 616.630, 616.635, 616.640 or 616.675 to 616.700, inclusive, the administrator shall impose an administrative fine of not more than $10,000.

       [4.] 6.  Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the withdrawal of [a certificate of self-insurance to act as a self-insured employer or an association of self-insured public or private employers.

       5.] :

       (a) A certificate to act as a self-insured employer.

       (b) A certificate to act as an association of self-insured public or private employers.

       (c) A certificate of registration as a third-party administrator.

       7.  The commissioner may , without complying with the provisions of NRS 616.296 or 616.3798, withdraw the certification of a self-insured employer , [or an] association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer , [or] association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.

       Sec. 15.  1.  This section and sections 1 to 5, inclusive, 7 to 10, inclusive, and 14 of this act become effective on July 1, 1995.

       2.  Sections [6, 11, 12 and 13] 11 and 12 of this act become effective at 12:01 a.m. on July 1, 1995.

       3.  Sections 6, 13 and 14.5 of this act become effective at 12:02 a.m. on July 1, 1995.

      2.  Chapter 497, Statutes of Nevada 1995, at page 1645, is hereby amended by adding thereto a new section to be designated as section 14.5, immediately following section 14, to read as follows:

       Sec. 14.5.  Section 53 of chapter 580, Statutes of Nevada 1995, at page 2010, is hereby amended to read as follows:

      Sec. 53.  NRS 616.182 is hereby amended to read as follows:

      616.182  1.  Except as otherwise provided in this section, the division shall [regulate insurers under] :


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      (a) Certify or authorize whether an insurer meets the requirements of this chapter and chapter 617 of NRS to provide industrial insurance;

      (b) Regulate insurers pursuant to this chapter and chapter 617 of NRS [and investigate] ;

      (c) Investigate insurers regarding compliance with statutes and the division’s regulations [.] ; and

      (d) If necessary, suspend the certification or authorization of an insurer to provide industrial insurance.

      2.  The commissioner is responsible for reviewing rates, investigating the solvency of insurers , authorizing private carriers pursuant to chapter 680A of NRS and certifying [self-insured employers, associations of self-insured public or private employers and third-party administrators] :

      (a) Self-insured employers pursuant to NRS 616.291 to 616.298, inclusive, and 616.338 [,] ;

      (b) Associations of self-insured public or private employers pursuant to NRS 616.3791 to 616.37997, inclusive ; [,] and

      (c) Third-party administrators pursuant to chapter 683A of NRS.

      3.  The department of administration is responsible for contested claims relating to [workers’ compensation] industrial insurance pursuant to NRS 616.541 to 616.544, inclusive. The [system] administrator is responsible for administrative appeals pursuant to NRS 616.392.

      4.  The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive, and 616.647.

      5.  The division is responsible for the investigation of complaints. If a complaint is filed with the division, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons. If the administrator determines that a violation may have occurred, the administrator shall proceed in accordance with the provisions of NRS 616.647 and section 3 of [this act.] chapter 497, Statutes of Nevada 1995.

      Sec. 20.  Sections 11, 15, 18, 22 and 25 of chapter 501, Statutes of Nevada 1995, at pages 1652, 1655 and 1658, are hereby amended to read respectively as follows:

       Sec. 11.  NRS 632.320 is hereby amended to read as follows:

       632.320  The board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee [,] or holder of a certificate, upon determining that he:

       1.  Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.

       2.  Is guilty of a felony or any offense [involving] :

       (a) Involving moral turpitude [,] ; or


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       (b) Related to the qualifications, functions or duties of a licensee or holder of a certificate,

in which case the record of conviction is conclusive evidence thereof.

       3.  Has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640 or 616.675 to 616.700, inclusive.

       4.  Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

       5.  [Is habitually intemperate or is addicted to the use of any controlled substance.] Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his ability to conduct the practice authorized by his license or certificate.

       6.  Is mentally incompetent.

       7.  Is guilty of unprofessional conduct, which includes , but is not limited to , the following:

       (a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

       (b) [Procuring, or aiding, abetting, attempting, agreeing or offering to procure or assist at, a criminal abortion.

       (c)] Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license [.

       (d)] or certificate.

       (c) Impersonating another licensed practitioner [.

       (e)] or holder of a certificate.

       (d) Permitting or allowing another person to use his license or certificate [for the purpose of nursing the sick or afflicted.

       (f)] to practice as a licensed practical nurse, registered nurse or nursing assistant.

       (e) Repeated malpractice, which may be evidenced by claims of malpractice settled against him.

       (f) Physical, verbal or psychological abuse of a patient.

       (g) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

       8.  Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.

       9.  Is guilty of aiding or abetting [anyone] any person in a violation of this chapter.

       10.  Has falsified an entry on a patient’s medical chart concerning a controlled substance.

       11.  Has falsified information which was given to a physician, pharmacist , podiatric physician or dentist to obtain a controlled substance.


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       12.  Has [had] been disciplined in another state in connection with a license to practice nursing [suspended or revoked in another jurisdiction. A certified copy of the order of suspension or revocation is prima facie evidence of the suspension or revocation.] or a certificate to practice as a nursing assistant or has committed an act in another state which would constitute a violation of this chapter.

       13.  Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

       14.  Has willfully failed to comply with a regulation, subpoena or order of the board.

For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The board may take disciplinary action pending the appeal of a conviction and regardless of any other order entered pursuant to NRS 176.225 dismissing an indictment or information.

       Sec. 15.  NRS 632.3425 is hereby amended to read as follows:

       632.3425  A suspended license or certificate is subject to expiration and must be renewed as provided in NRS 632.341 or 632.342. Renewal does not entitle the licensee or nursing assistant to engage in activity which requires licensure or certification until the completion of the suspension.

       Sec. 18.  NRS 632.400 is hereby amended to read as follows:

       632.400  1.  The board shall render a decision on any complaint within 60 days after the final hearing thereon. For the purposes of this subsection, the final hearing on a matter delegated to a hearing officer pursuant to NRS 632.355 is the final hearing conducted by the hearing officer unless the board conducts a hearing with regard to the complaint.

       2.  The board shall [give immediate notice in writing of the ruling or decision to:

       (a) The applicant, licensee or holder of the certificate affected thereby.

       (b) The party or parties by whom the complaint was made where the investigation or hearing was instituted by a complaint.

Written notice must be given by registered or certified mail addressed to the last known address of the applicant, licensee or holder of the certificate and party by whom the complaint was made.

       3.  If the ruling is to the prejudice of, or injuriously affects, the licensee or holder of the certificate, the board shall also state in the notice the date upon which the ruling or the decision becomes effective, which date must not be less than 30 days from and after the date of the notice.

       4.  The decision of the board does not take effect until 30 days after its date, and if notice of appeal and a demand for the transcript are served upon the board in accordance with the provisions of this chapter, then the stay remains in force and effect until the decision of the district court after hearing the appeal. If the aggrieved party fails to perfect his appeal, the stay automatically terminates.] notify the person of its decision in writing by certified mail, return receipt requested. The decision of the board becomes effective on the date the person receives the notice or on the date the board receives a notice from the United States Postal Service stating that the person refused to accept delivery or could not be located.


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decision of the board becomes effective on the date the person receives the notice or on the date the board receives a notice from the United States Postal Service stating that the person refused to accept delivery or could not be located.

       Sec. 22.  1.  NRS 632.075, 632.260, [632.323,] 632.370 and 632.420 are hereby repealed.

       2.  NRS 632.323 is hereby repealed.

       Sec. 25.  Sections 11, 14 and 21 and subsection 2 of section 22 of this act become effective at 12:01 a.m. on October 1, 1995.

      Sec. 21.  1.  Section 2 of chapter 502, Statutes of Nevada 1995, at page 1659, is hereby amended to read as follows:

       Sec. 2.  NRS 482.270 is hereby amended to read as follows:

       482.270  1.  Except as otherwise provided in NRS 482.3747, 482.3775, 482.379 or 482.384, section 1 of chapter 504, Statutes of Nevada 1995, section 1 of chapter 505, Statutes of Nevada 1995, section 1 of chapter 506, Statutes of Nevada 1995, or section 1 of this act, the director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may substitute white in place of silver when no suitable material is available.

       2.  The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

       3.  Every license plate must have displayed upon it:

       (a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

       (b) The name of the state, which may be abbreviated;

       (c) If issued for a calendar year, the year; and

       (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

       4.  The letters I and Q must not be used in the designation.

       5.  Except as otherwise provided [by] in NRS 482.379, all letters and numbers must be of the same size.

      2.  Chapter 502, Statutes of Nevada 1995, at page 1660, is hereby amended by adding thereto new sections to be designated as sections 4 and 5, immediately following section 3, to read respectively as follows:

       Sec. 4.  Section 3 of chapter 504, Statutes of Nevada 1995, at page 1664, section 2 of chapter 505, Statutes of Nevada 1995, at page 1665, and section 2 of chapter 506, Statutes of Nevada 1995, at page 1668, are hereby repealed.

       Sec. 5.  This section and section 4 of this act become effective at 11:59 p.m. on September 30, 1995.


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      Sec. 22.  Sections 5, 47 and 52 of chapter 510, Statutes of Nevada 1995, at pages 1675, 1689 and 1692, respectively, are hereby amended to read respectively as follows:

       Sec. 5.  1.  Except as otherwise provided in NRS 41.500, a person licensed pursuant to the provisions of this chapter shall not provide medical assistance, treatment or counsel to a human being. Such conduct is a ground for disciplinary action.

       2.  The board shall immediately suspend the license of a person who violates the provisions of this section.

       3.  Any person who violates the provisions of this section is guilty of a felony and shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

       4.  The board may report an alleged violation of this section to the attorney general or any district attorney. Upon receiving a report from the board, the attorney general or district attorney shall institute necessary proceedings in a court of competent jurisdiction against the person responsible for the alleged violation of this section.

       Sec. 47.  NRS 638.170 is hereby amended to read as follows:

       638.170  1.  Except as otherwise provided in subsections 2 and 3 [,] of this section and section 5 of this act, a person who violates any of the provisions of this chapter is guilty of a misdemeanor.

       2.  A person who practices veterinary medicine, without a license issued pursuant to the provisions of this chapter, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

       3.  A person who practices as [an animal] a veterinary technician, without a license issued pursuant to the provisions of this chapter, shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.

       Sec. 52.  1.  This section becomes effective upon passage and approval.

       2.  Sections 3, 13, 14, 19 and 23 of this act become effective upon passage and approval for the purpose of adopting regulations, and on January 1, 1996, for all other purposes.

       3.  Sections 1, 2, 4, 5 to 12, inclusive, 15 to 18, inclusive, 20, 21, 22 , [and] 24 to [51,] 46, inclusive, 49, 50 and 51 of this act become effective on July 1, 1995.

       4.  Section 47 of this act becomes effective at 12:01 a.m. on July 1, 1995.


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      Sec. 23.  1.  Section 36 of chapter 512, Statutes of Nevada 1995, at page 1705, is hereby amended to read as follows:

       Sec. 36.  Section 9 of this act is hereby amended to read as follows:

      Sec. 9.  1.  An applicant for a certificate of registration to practice interior design must be of good moral character and submit to the board:

      (a) An application on a form provided by the board;

      (b) The fees required pursuant to NRS 623.310;

      (c) Proof which is satisfactory to the board that he has completed:

             (1) At least 5 years of education in a program of interior design or an equivalent number of credits and at least 1 year of experience in interior design; or

             (2) At least 4 years of education in a program of interior design or an equivalent number of credits and at least 2 years of experience in interior design;

             [(3) At least 3 years of education in a program of interior design or an equivalent number of credits and at least 3 years of experience in interior design;

             (4) At least 2 years of education in a program of interior design or an equivalent number of credits and at least 4 years of experience in interior design; or

             (5) At least 6 consecutive years of experience in the practice of interior design;] and

      (d) A certificate issued by the National Council for Interior Design Qualification as proof that he has passed the examination prepared and administered by that organization.

      2.  Each program of interior design must be accredited by the Foundation for Interior Design Education Research or approved by the board.

      3.  The board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience and equivalent credits required pursuant to subsection 1 as those standards exist on the date of the adoption of the regulation.

      4.  Any application submitted to the board may be denied for any violation of the provisions of this chapter.

      2.  Chapter 512, Statutes of Nevada 1995, at page 1700, is hereby amended by adding thereto a new section to be designated as section 23.5, immediately following section 23, to read as follows:

       Sec. 23.5.  NRS 623.190 is hereby amended to read as follows:

       623.190  1.  Any person who is at least 21 years of age and of good moral character and who meets the requirements for education and practical training established by the board by regulation may apply to the board for registration under this section as an architect.

       2.  Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural program accredited by the National Architectural Accrediting Board, any program of architecture in the State of Nevada or any architectural program approved by the state board of architecture , interior design and residential design is considered equivalent to 1 year of experience in architectural work for the purpose of registration as an architect.


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considered equivalent to 1 year of experience in architectural work for the purpose of registration as an architect.

       3.  The board shall, by regulation, establish standards for examinations which must be consistent with standards employed by other states. The board may adopt the standards of the National Council of Architectural Registration Boards, and the examination and grading procedure of that organization, as they exist on the date of adoption. Examinations must include tests in the technical and professional subjects as are prescribed by the board.

       4.  Any person who is at least 21 years of age and of good moral character and who has a total of 5 years of credit for education or practical training, or a combination thereof which is acceptable to the board, may apply to the board for registration as a residential designer. The board shall by regulation establish the amount of credit allowed for education, practical training or a combination thereof.

       5.  The board shall, by regulation, establish the standards for the examination to qualify as a residential designer, which may be required as part of the examination to be an architect. The examination must consist of at least:

       (a) A written examination covering:

             (1) Structural technology;

             (2) Materials and methods of construction;

             (3) Systems for environmental control; and

             (4) Graphic design; and

       (b) An oral interview of the applicant by the board upon the successful completion of the written portion of the examination.

       6.  Any application to the board may be denied for any violation of this chapter.

      Sec. 24.  Sections 9, 10, 18, 20 and 22 of chapter 516, Statutes of Nevada 1995, at pages 1715, 1716, 1720, 1722 and 1723, respectively, are hereby amended to read respectively as follows:

       Sec. 9.  NRS 433.554 is hereby amended to read as follows:

       433.554  1.  An employee of a public or private mental health facility or any other person, except a client, who:

       (a) Has reason to believe that a client of the division or of a private facility offering mental health services has been or is being abused or neglected and fails to report it;

       (b) Brings intoxicating beverages or a controlled substance into any division facility occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

       (c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a lawfully issued prescription ; [issued by a physician, podiatric physician or dentist;]

       (d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or


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       (e) Contrives the escape, elopement or absence of a client,

is guilty of a misdemeanor, in addition to any other penalties provided by law.

       2.  In addition to any other penalties provided by law, an employee of a public or private mental health facility or any other person, except a client, who willfully abuses or neglects a client:

       (a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.

       (b) If substantial bodily harm to the client results, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

       3.  A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.

       4.  For the purposes of this section:

       (a) “Abuse” means any willful and unjustified infliction of pain, injury or mental anguish upon a client, including, but not limited to:

             (1) The rape, sexual assault or sexual exploitation of the client;

             (2) Striking the client;

             (3) Verbal intimidation or coercion of the client without a redeeming purpose;

             (4) The use of excessive force when placing the client in physical restraints; and

             (5) The use of physical or chemical restraints in violation of state or federal law.

Any act which meets the standard of practice for care and treatment does not constitute abuse.

       (b) “Client” includes any person who seeks, on his own or others’ initiative, and can benefit from care treatment and training in a public or private institution or facility offering mental health services. The term does not include a client of the division of child and family services of the department.

       (c) “Neglect” means any omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to follow:

             (1) An appropriate plan of treatment to which the client has consented; and

             (2) The policies of the facility for the care and treatment of clients.

Any omission to act which meets the standard of practice for care and treatment does not constitute neglect.

       (d) “Standard of practice” means the skill and care ordinarily exercised by prudent professional personnel engaged in health care.


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       Sec. 10.  NRS 433B.340 is hereby amended to read as follows:

       433B.340  1.  An employee of the division or other person who:

       (a) Has reason to believe that a client has been or is being abused or neglected and fails to report it;

       (b) Brings intoxicating beverages or a controlled substance into any building occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

       (c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a lawfully issued prescription ; [issued by a physician, podiatric physician or dentist;]

       (d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or

       (e) Contrives the escape, elopement or absence of a client,

is guilty of a misdemeanor.

       2.  An employee of the division or other person who willfully abuses or neglects any client:

       (a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.

       (b) If substantial bodily harm to the client results, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

       3.  A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.

       4.  For the purposes of this section:

       (a) “Abuse” means any willful or reckless act or omission to act which causes physical or mental injury to a client, including, but not limited to:

             (1) The rape, sexual assault or sexual exploitation of the client;

             (2) Striking the client;

             (3) The use of excessive force when placing the client in physical restraints; and

             (4) The use of physical or chemical restraints in violation of state or federal law.

Any act or omission to act which meets the standard practice for care and treatment does not constitute abuse.

       (b) “Neglect” means any act or omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to:

             (1) Establish or carry out an appropriate plan of treatment for the client;

             (2) Provide the client with adequate nutrition, clothing or health care; and

             (3) Provide a safe environment for the client.


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Any act or omission to act which meets the standard practice for care and treatment does not constitute neglect.

       (c) “Standard practice” is the skill and care ordinarily exercised by prudent medical personnel.

       Sec. 18.  NRS 453.375 is hereby amended to read as follows:

       453.375  A controlled substance may be possessed and administered by the following persons:

       1.  A practitioner.

       2.  [A physician’s assistant at the direction of his supervising physician.

       3.]  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physician’s assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

       [4.] 3.  An advanced emergency medical technician:

       (a) As authorized by regulation of:

             (1) The state board of health in a county whose population is less than 100,000; or

             (2) A county or district board of health in a county whose population is 100,000 or more; and

       (b) In accordance with any applicable regulations of:

             (1) The state board of health in a county whose population is less than 100,000;

             (2) A county board of health in a county whose population is 100,000 or more; or

             (3) A district board of health created pursuant to NRS 439.370 in any county.

       [5.] 4.  A respiratory therapist, at the direction of a physician [.

       6.] or physician’s assistant.

       5.  A medical student , student in training to become a physician’s assistant or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician or physician’s assistant and:

       (a) In the presence of a physician , physician’s assistant or a registered nurse; or

       (b) Under the supervision of a physician , physician’s assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician , physician’s assistant or nurse.

A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

       [7.] 6.  An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

       [8.] 7.  Any person designated by the head of a correctional institution.


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       [9.] 8.  A veterinary technician at the direction of his supervising veterinarian.

       [10.] 9.  In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

       Sec. 20.  NRS 453.381 is hereby amended to read as follows:

       453.381  1.  In addition to the limitations imposed by NRS 453.256, a physician, physician’s assistant, dentist or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself, his spouse or his children except in cases of emergency.

       2.  A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and he may cause them to be administered by a veterinary technician under his direction and supervision.

       3.  A euthanasia technician, within the scope of his license, and not for use by a human being, may possess and administer sodium pentobarbital.

       4.  A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician’s assistant, dentist, podiatric physician or veterinarian.

       5.  Any person who has obtained from a physician, physician’s assistant, dentist, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician’s assistant, dentist, podiatric physician or veterinarian shall return to him any unused portion of the substance when it is no longer required by the patient.

       6.  A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.

       7.  A salesman of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.

       8.  A person shall not dispense a controlled substance in violation of a regulation adopted by the board.

       Sec. 22.  NRS 453.411 is hereby amended to read as follows:

       453.411  1.  It is unlawful for a person knowingly to use or be under the influence of a controlled substance except in accordance with a lawfully issued prescription . [issued to the person by a physician, podiatric physician or dentist.]

       2.  It is unlawful for a person knowingly to use or be under the influence of a controlled substance except when administered to the person at a rehabilitation clinic established or licensed by the health division of the department of human resources, or a hospital certified by the department.


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ê1997 Statutes of Nevada, Page 547 (Chapter 203, SB 359)ê

 

division of the department of human resources, or a hospital certified by the department.

       3.  Unless a greater penalty is provided in NRS 212.160, a person who violates this section shall be punished:

       (a) If the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

       (b) If the controlled substance is listed in schedule V, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.

      Sec. 25.  Section 1 of chapter 517, Statutes of Nevada 1995, at page 1725, is hereby amended to read as follows:

       Section 1.  NRS 484.348 is hereby amended to read as follows:

       484.348  1.  [A] Except as otherwise provided in this section, the driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable vehicle of any police department or regulatory agency, when given a signal to bring his vehicle to a stop is guilty of a misdemeanor.

       2.  The signal by the peace officer described in subsection 1 must be by flashing red lamp and siren.

       3.  Except [under the circumstances] as otherwise provided in subsection 2 of NRS 484.377, if [a violation of this section is the proximate cause of the death of or substantial bodily harm to a person other than himself,] , while violating the provisions of subsection 1, the driver of the motor vehicle:

       (a) Is the proximate cause of the death of or bodily harm to any person other than himself or damage to the property of a person other than himself; or

       (b) Operates the motor vehicle in a manner which endangers or is likely to endanger any person other than himself or the property of any person other than himself,

the driver is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 26.  Section 9 of chapter 519, Statutes of Nevada 1995, at page 1733, is hereby amended to read as follows:

       Sec. 9.  NRS 333.020 is hereby amended to read as follows:

       333.020  As used in this chapter, unless the context otherwise requires:

       1.  “Chief” means the chief of the purchasing division.

       2.  “Director” means the director of the department of administration.

       3.  “Proprietary information” means:

       (a) Any trade secret or confidential business information that is contained in a bid submitted on a particular contract; or

       (b) Any other trade secret or confidential business information submitted by a bidder and designated as proprietary by the chief.


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As used in this subsection, “confidential business information” means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including data relating to cost or price submitted in support of a bid or proposal. The term does not include the amount of a bid or proposal.

       4.  “Purchasing division” means the purchasing division of the department of administration.

       [4.] 5.  “Purchasing officer” means a person who is authorized by the chief or a using agency to participate in:

       (a) The evaluation of bids or proposals for a contract;

       (b) Any negotiations concerning a contract; or

       (c) The development, review or approval of a contract.

       6.  “Request for a proposal” means a statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

       [5.] 7.  “Trade secret” has the meaning ascribed to it in NRS 600A.030.

       8.  “Using agencies” means all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources, except the Nevada rural housing authority, local governments as defined in NRS 354.474, conservation districts, irrigation districts, the state industrial insurance system and the University and Community College System of Nevada.

       [6.] 9.  “Volunteer fire department” means a volunteer fire department which pays premiums for industrial insurance pursuant to the provisions of chapter 616 of NRS.

      Sec. 27.  Section 1 of chapter 526, Statutes of Nevada 1995, at page 1746, is hereby amended to read as follows:

       Section 1.  NRS 686B.110 is hereby amended to read as follows:

       686B.110  1.  The commissioner shall consider each proposed increase or decrease in the rate of any kind or line of insurance or subdivision thereof filed with him pursuant to NRS 686B.070. If the commissioner finds that [the] a proposed increase will result in a rate which is not in compliance with NRS 686B.050, he shall disapprove the proposal. The commissioner shall approve or disapprove each proposal no later than 60 days after it is [filed with him.] determined by him to be complete pursuant to subsection 4. If the commissioner fails to approve or disapprove the proposal within that period, the proposal shall be deemed approved.

       2.  Whenever an insurer has no legally effective rates as a result of the commissioner’s disapproval of rates or other act, the commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him. When new rates become legally effective, the commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.


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commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.

       3.  If the commissioner disapproves a proposed rate and an insurer requests a hearing to determine the validity of his action, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.175, inclusive. Any such hearing [may] must be held [before the date the rates are intended to become effective.] :

       (a) Within 30 days after the request for a hearing has been submitted to the commissioner; or

       (b) Within a period agreed upon by the insurer and the commissioner.

If the hearing is not held within the period specified in paragraph (a) or (b), or if the commissioner fails to issue an order concerning the proposed rate for which the hearing is held within 45 days after the hearing, the proposed rate shall be deemed approved.

       4.  The commissioner shall by regulation specify the documents or any other information which must be included in a proposal to increase or decrease a rate submitted to him pursuant to subsection 1. Each such proposal shall be deemed complete upon its filing with the commissioner, unless the commissioner, within 15 business days after the proposal is filed with him, determines that the proposal is incomplete because the proposal does not comply with the regulations adopted by him pursuant to this subsection.

      Sec. 28.  1.  Section 105 of chapter 527, Statutes of Nevada 1995, at page 1784, is hereby amended to read as follows:

       Sec. 105.  1.  This section and [sections] section 104.5 of this act become effective at 11:59 p.m. on September 30, 1995.

       2.  Sections 1 to 13, inclusive, 28 to 62, inclusive, and 64 to 104, inclusive, of this act become effective on October 1, 1995.

       [2.] 3.  Sections 14 to 27, inclusive, and section 63 of this act become effective on October 1, 1995, for the adoption of regulations by the commissioner of insurance and on April 1, 1996, for all other purposes.

      2.  Chapter 527, Statutes of Nevada 1995, at page 1784, is hereby amended by adding thereto a new section to be designated as section 104.5, immediately following section 104, to read as follows:

       Sec. 104.5.  Section 53 of chapter 496, Statutes of Nevada 1995, at page 1633, is hereby repealed.

      Sec. 29.  1.  Section 1 of chapter 534, Statutes of Nevada 1995, at page 1798, is hereby amended to read as follows:

       Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections [2] 1.5 to 8, inclusive, of this act.


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      2.  Chapter 534, Statutes of Nevada 1995, at page 1798, is hereby amended by adding thereto a new section to be designated as section 1.5, immediately following section 1, to read as follows:

       Sec. 1.5.  As used in NRS 463.401 to 463.406, inclusive, this section and sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 30.  1.  Sections 4, 7 and 9 of chapter 535, Statutes of Nevada 1995, at pages 1801 and 1802, are hereby amended to read respectively as follows:

       Sec. 4.  NRS 97.015 is hereby amended to read as follows:

       97.015  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 97.025 to 97.145, inclusive, and sections 1.5 and 2 of this act, have the meanings ascribed to them in those sections.

       Sec. 7.  NRS 97.095 is hereby amended to read as follows:

       97.095  “Retail charge agreement,” [“revolving charge agreement” or “charge agreement”] means an agreement entered into or performed in this state prescribing the terms of retail installment transactions in which the buyer may pay, in installments, to a retail seller, the unpaid balance due in a retail installment transaction, whether or not a security interest in the goods sold is retained by the seller, and under the terms of which [interest] a finance charge is to be computed in relation to the buyer’s unpaid balance from time to time.

       Sec. 9.  NRS 97.125 is hereby amended to read as follows:

       97.125  “Retail seller” or “seller” means [a] :

       1.  A person engaged in the business of selling or leasing goods or services to retail buyers [.] or a licensee, franchisee, assignee or corporate affiliate or subsidiary of such a person; or

       2.  A person, other than a financial institution, who enters into agreements prescribing the terms for the extension of credit pursuant to which the person may, with the buyer’s consent, purchase or acquire one or more obligations of the buyer to a retail seller if the purchase, lease, loan or other obligation to be paid in accordance with the agreement is evidenced by a sales slip or memorandum.

      2.  Chapter 535, Statutes of Nevada 1995, at page 1807, is hereby amended by adding thereto a new section to be designated as section 21, immediately following section 20, to read as follows:

       Sec. 21.  Sections 4, 7 and 9 of this act become effective at 12:01 a.m. on October 1, 1995.

      Sec. 31.  1.  Sections 7, 9 and 17 of chapter 537, Statutes of Nevada 1995, at pages 1811, 1812 and 1818, respectively, are hereby amended to read respectively as follows:

       Sec. 7.  NRS 350.001 is hereby amended to read as follows:

       350.001  As used in NRS 350.002 to 350.006, inclusive, unless the context otherwise requires:

       1.  “Commission” means a debt management commission created pursuant to NRS 350.002.


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       2.  “General obligation debt” means debt which is legally payable from general revenues, as a primary or secondary source of repayment, and is backed by the full faith and credit of a governmental entity. The term [:

       (a) Includes:

             (1) Debt] includes debt represented by local government securities issued pursuant to this chapter [; and

             (2) Debt created for short-term financing pursuant to NRS 354.430 to 354.460, inclusive, if the debt is payable from a special tax which is exempt from the limitation on taxes ad valorem pursuant to subsection 3 of NRS 354.430.

       (b) Except as otherwise provided in subparagraph (2) of paragraph (a), does not include] except debt created for [short-term financing pursuant to NRS 354.430 to 354.460, inclusive.] medium-term obligations pursuant to sections 3 to 6, inclusive, of this act.

       3.  “Special elective tax” means a tax imposed pursuant to NRS 354.59817, 354.5982, 387.197, 387.3285 or 387.3287.

       Sec. 9.  NRS 350.020 is hereby amended to read as follows:

       350.020  1.  Except as otherwise permitted by subsection 3, when any municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next primary or general municipal election or primary or general state election.

       2.  A special election may be held only if the governing body of the municipality determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

       3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines, by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may, after a public hearing, incur this general obligation without an election unless, within 60 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection.


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ê1997 Statutes of Nevada, Page 552 (Chapter 203, SB 359)ê

 

authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Notice of the public hearing must be published at least 10 days before the day of the hearing. The publications must be made once in a newspaper of general circulation in the municipality. When published, the notice of the public hearing must be at least as large as 5 inches high by 4 inches wide.

       4.  A municipality may issue special or medium-term obligations without an election.

       Sec. 17.  NRS 354.59811 is hereby amended to read as follows:

       354.59811  Except as otherwise provided in NRS 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, [354.618,] 450.425 and 543.600 , [and] section 4 of chapter 550, Statutes of Nevada 1995, and section 2 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or [short-term] medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

       1.  The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area or tax increment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.

       2.  This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.


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ê1997 Statutes of Nevada, Page 553 (Chapter 203, SB 359)ê

 

minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

      2.  Chapter 537, Statutes of Nevada 1995, at page 1813, is hereby amended by adding thereto new sections to be designated as sections 9.3 and 9.5, immediately following section 9, to read respectively as follows:

       Sec. 9.3.  NRS 350.516 is hereby amended to read as follows:

       350.516  “Cost of any project,” or any phrase of similar import, means all or any part designated by the governing body of the cost of any project, or interest therein, which cost, at the option of the governing body, may include all or any part of the incidental costs pertaining to the project, including, without limitation:

       1.  Preliminary expenses advanced by the municipality from money available for use therefor, or advanced by the Federal Government, or from any other source, with the approval of the governing body or any board or other agency of the municipality responsible for the project or defraying the cost thereof, or any combination thereof;

       2.  The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;

       3.  The costs of premiums on builders’ risk insurance and performance bonds, or a reasonably allocable share thereof;

       4.  The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help or other agents or employees;

       5.  The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;

       6.  The costs of contingencies;

       7.  The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the governing body to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;

       8.  The costs of amending any ordinance, resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the municipality;

       9.  The costs of funding any [short-term financing,] medium-term obligations, construction loans and other temporary loans of not exceeding 10 years appertaining to a project and of the incidental expenses incurred in connection with such loans;


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ê1997 Statutes of Nevada, Page 554 (Chapter 203, SB 359)ê

 

       10.  The costs of any properties, rights, easements or other interests in properties, or any licenses, privileges, agreements, and franchises;

       11.  The costs of demolishing, removing or relocating any buildings, structures or other facilities on land acquired for any project, and of acquiring lands to which such buildings, structures or other facilities may be moved or relocated; and

       12.  All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the governing body.

       Sec. 9.5.  NRS 350.572 is hereby amended to read as follows:

       350.572  The municipality may issue, in one series or more, without the municipal securities being authorized at any election in the absence of an expressed provision to the contrary in the act authorizing the project and the issuance of municipal securities therefor or in any act supplemental thereto, in anticipation of taxes or pledged revenues, or both, and constituting either general obligations or special obligations of the municipality, any one or more or all of the following types of municipal securities:

       1.  Notes, evidencing any amount borrowed by the municipality;

       2.  Warrants, evidencing the amount due to any person for any services or supplies, equipment or other materials furnished to or for the benefit of the municipality and appertaining to a project;

       3.  Bonds, evidencing any amount borrowed by the municipality and constituting long-term financing;

       4.  Temporary bonds, pending the preparation of and exchangeable for definitive bonds of like character and in like principal amount when prepared and issued in compliance with the conditions and limitations herein provided; and

       5.  Interim debentures, evidencing any [short-term financing,] medium-term obligations, construction loans, and other temporary loans of not exceeding 10 years, in supplementation of long-term financing and the issuance of bonds, as provided in NRS 350.672 to 350.682, inclusive.

      3.  Chapter 537, Statutes of Nevada 1995, at page 1813, is hereby amended by adding thereto a new section to be designated as section 10.5, immediately following section 10, to read as follows:

       Sec. 10.5.  NRS 350A.040 is hereby amended to read as follows:

       350A.040  “Cost of a lending project” means all or any designated part of the cost of any lending project, including any incidental cost pertaining to such a project. The cost of a lending project may include, without limitation, the costs of:

       1.  Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations.

       2.  Appraising, printing, estimating, advice, services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees.

       3.  Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks.

       4.  Establishment of a reserve for contingencies.


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       5.  Interest on state securities for any time which does not exceed 3 years, discounts on such state securities, reserves for the payment of the principal of and interest on such securities, replacement expenses and other costs of issuing such securities.

       6.  Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, state securities for any lending project.

       7.  Funding [short-term financing.] medium-term obligations.

       8.  Financing the issuance of state securities and any other expenses necessary in connection with a lending project, as determined by the board.

      4.  Chapter 537, Statutes of Nevada 1995, at page 1818, is hereby amended by adding thereto a new section to be designated as section 15.5, immediately following section 15, to read as follows:

       Sec. 15.5.  NRS 318.275 is hereby amended to read as follows:

       318.275  1.  Upon the conditions and under the circumstances set forth in this chapter, a district may borrow money and issue the following securities to evidence such borrowing:

       (a) Short-term notes, warrants and interim debentures.

       (b) General obligation bonds.

       (c) Revenue bonds.

       (d) Special assessment bonds.

       2.  The board of trustees of a district whose population within its boundaries is less than 5,000, shall not borrow money or issue securities to evidence such borrowing unless the board has obtained the approval of the debt management commission of the county in which the district is located.

       3.  The board of trustees of a district whose population within its boundaries is less than 5,000, shall not forward a resolution authorizing [short-term financing] medium-term obligations to the executive director of the department of taxation unless such financing is approved by the commission.

      5.  Chapter 537, Statutes of Nevada 1995, at page 1820, is hereby amended by adding thereto new sections to be designated as sections 18.3 and 18.5, immediately following section 18, to read respectively as follows:

       Sec. 18.3.  NRS 354.59817 is hereby amended to read as follows:

       354.59817  1.  In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners may levy a tax ad valorem on all taxable property in the county at a rate not to exceed 15 cents per $100 of the assessed valuation of the county. A tax must not be levied pursuant to this section for more than 10 years.

       2.  The board of county commissioners shall direct the county treasurer to distribute quarterly the proceeds of any tax levied pursuant to the provisions of this section among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 fiscal year bears to the sum of the supplemental city-county relief tax distribution factors of all of the local governments in the county for the 1990-1991 fiscal year.


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ê1997 Statutes of Nevada, Page 556 (Chapter 203, SB 359)ê

 

for the 1990-1991 fiscal year bears to the sum of the supplemental city-county relief tax distribution factors of all of the local governments in the county for the 1990-1991 fiscal year.

       3.  The board of county commissioners shall not reduce the rate of any tax levied pursuant to the provisions of this section without the approval of each of the local governments that receives a portion of the tax, except that, if a local government declines to receive its portion of the tax in a particular year the levy may be reduced by the amount that local government would have received.

       4.  The governing body of each local government that receives a portion of the revenue from the tax levied pursuant to this section shall establish a separate fund for capital projects for the purposes set forth in this section. All interest and income earned on the money in the fund must also be deposited in the fund. The money in the fund may only be used for:

       (a) The purchase of capital assets including land, improvements to land and major items of equipment;

       (b) The construction or replacement of public works; and

       (c) The renovation of existing governmental facilities, not including normal recurring maintenance.

The money in the fund must not be used to finance the issuance or the repayment of bonds or other obligations, including [short-term financing.] medium-term obligations.

       5.  Money may be retained in the fund for not more than 10 years to allow the funding of projects without the issuance of bonds or other obligations. For the purpose of determining the length of time a deposit of money has been retained in the fund, all money withdrawn from the fund shall be deemed to be taken on a first-in, first-out basis. No money in the fund at the end of the fiscal year may revert to any other fund, nor may the money be a surplus for any other purpose than those specified in this section.

       6.  The annual budget and audit report of each local government must specifically identify this fund and must indicate in detail the projects that have been funded with money from the fund. Any planned accumulation of the money in the fund must also be specifically identified.

       7.  The projects on which money raised pursuant to this section will be expended must be approved by the voters in the question submitted pursuant to subsection 1 or in a separate question submitted on the ballot at a primary, general or special election.

       Sec. 18.5.  NRS 354.602 is hereby amended to read as follows:

       354.602  1.  Within 45 days after September 30, December 31 and March 31 and within 5 months, or in the case of a school district 4 months, after June 30 of each year, the governing board of each local government shall cause to be published a report in the form prescribed by the department of taxation showing, for each item of detailed estimate required by NRS 354.600, the amount estimated and the amount actually received or expended. Any approved budget augmentation or [short-term financing] medium-term obligations received must be included and briefly explained in a footnote.


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ê1997 Statutes of Nevada, Page 557 (Chapter 203, SB 359)ê

 

received must be included and briefly explained in a footnote. A copy of the report must be filed immediately:

       (a) With the department of taxation;

       (b) In the case of school districts, with the state department of education;

       (c) With any employee organization upon the written request of the employee organization recognized by the local government; and

       (d) In the office of the clerk or secretary of the governing body, as a public record available for inspection by any interested person.

       2.  The governing board of each local government employer shall also supply, upon request by any organization entitled to request a report pursuant to paragraph (c) of subsection 1, a copy of each preliminary budget report or other fiscal report pertaining to the financial status of the local government, as those reports are prepared for use and consideration by the local government in the preparation of the budget or its amendments. The contents of those reports shall be superseded as to the period covered by any final budget or amendment thereof.

      6.  Chapter 537, Statutes of Nevada 1995, at page 1827, is hereby amended by adding thereto a new section to be designated as section 22.5, immediately following section 22, to read as follows:

       Sec. 22.5.  NRS 387.1245 is hereby amended to read as follows:

       387.1245  1.  The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS are less than the total estimated receipts from these sources in the final approved budget for the fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school account in the state general fund.

       2.  The application must be made to the state board of education in the form prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.

       3.  Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school account in the state general fund and the total amount of money estimated to be payable from that fund during the biennium, and shall make no distribution in excess of that difference.

       4.  The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making this determination, the state board of education shall consider also the amount available in the state distributive school account in the state general fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief.


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ê1997 Statutes of Nevada, Page 558 (Chapter 203, SB 359)ê

 

district will be wholly denied relief. Any money allocated by the state board of education under this section may not exceed, when added to all other estimated resources, the total estimated receipts in the final approved budget of the applying school district for the fiscal year.

       5.  If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding the amount to the state board of examiners, along with a report of its then current estimate of the total requirements to be paid from the state distributive school account in the state general fund during the then current fiscal year.

       6.  The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request. Any emergency assistance granted by the state board of examiners may not exceed, when added to all other estimated resources, the total estimated receipts in the final approved budget of the applying school district for the fiscal year.

       7.  The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. A claim pursuant to a grant of emergency assistance must be paid from the state distributive school account in the state general fund as other claims against the state are paid.

       8.  Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of that school district for the fiscal year for which the grant is made. No formal action to incorporate the money so received in the approved budget is required, but the receipts must be reported as other receipts are reported and explained in a footnote as [short-term financing is] medium-term obligations are explained.

       9.  The state board of education shall transmit to the legislature a report of each grant of emergency assistance paid pursuant to this section.

      7.  Chapter 537, Statutes of Nevada 1995, at page 1827, is hereby amended by adding thereto new sections to be designated as sections 23.3 and 23.5, immediately following section 23, to read respectively as follows:

       Sec. 23.3.  NRS 396.816 is hereby amended to read as follows:

       396.816  “Cost of any project,” or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, which cost at the option of the board may include all or any part of the incidental costs pertaining to the project, including, without limitation:

       1.  Preliminary expenses advanced by the university or the board from funds available for use therefor, or advanced by this state, the Federal Government, or from any other source, with the approval of the board, or any combination thereof;


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ê1997 Statutes of Nevada, Page 559 (Chapter 203, SB 359)ê

 

       2.  The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;

       3.  The costs of premiums on builders’ risk insurance and performance bonds, or a reasonably allocable share thereof;

       4.  The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help, or other agents or employees;

       5.  The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;

       6.  The costs of contingencies;

       7.  The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the board to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;

       8.  The costs of amending any resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the university or the board;

       9.  The costs of funding any [short-term financing,] medium-term obligations, construction loans and other temporary loans of not exceeding 5 years appertaining to a project and of the incidental expenses incurred in connection with such loans; and

       10.  All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the board.

       Sec. 23.5.  NRS 428.050 is hereby amended to read as follows:

       428.050  1.  In addition to the tax levied pursuant to NRS 428.185 and 428.285 and any tax levied pursuant to NRS 450.425, the board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax to provide aid and relief to those persons coming within the purview of this chapter. In a county whose population is 400,000 or more, this levy must not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, diminished by 12.3 cents for each $100 of assessed valuation. In a county whose population is less than 400,000 the rate of the tax must be calculated to produce not more than the amount of money allocated pursuant to NRS 428.295.

       2.  The board of county commissioners of any county in which there was no levy adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, may request that the Nevada tax commission establish a maximum rate for the levy of taxes ad valorem by the county to provide aid and relief pursuant to this chapter.

       3.  No county may expend or contract to expend for that aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1 of this section and NRS 428.185, 428.285 and 450.425, or established pursuant to subsection 2, together with such outside resources as it may receive from third persons, including, but not limited to, expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.


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ê1997 Statutes of Nevada, Page 560 (Chapter 203, SB 359)ê

 

levy set forth in subsection 1 of this section and NRS 428.185, 428.285 and 450.425, or established pursuant to subsection 2, together with such outside resources as it may receive from third persons, including, but not limited to, expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.

       4.  Except as otherwise provided in this subsection, no interfund transfer, [short-term financing] medium-term obligation procedure or contingency transfer may be made by the board of county commissioners to provide resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1, 2 and 3 of this section and NRS 428.185, 428.285 and 450.425. If the health of indigent persons in the county is placed in jeopardy and there is a lack of money to provide necessary medical care under this chapter, the board of county commissioners may declare an emergency and provide additional money for medical care from whatever sources may be available.

      8.  Chapter 537, Statutes of Nevada 1995, at page 1829, is hereby amended by adding thereto new sections to be designated as sections 28.1 to 28.4, inclusive, immediately following section 28, to read respectively as follows:

       Sec. 28.1.  Section 1 of chapter 167, Statutes of Nevada 1947, at page 553, as last amended by chapter 482, Statutes of Nevada 1981, at page 978, is hereby amended to read as follows:

      Section 1.  The Las Vegas Valley water district heretofore created in the Las Vegas valley, has the following objects and purposes:

      1.  To have perpetual succession.

      2.  To sue and be sued in the name of said district in all actions and proceedings in all courts and tribunals of competent jurisdiction.

      3.  To adopt a seal and alter it at pleasure.

      4.  To take by grant, purchase, gift, devise, or lease, or otherwise, and to hold, use, enjoy, and to lease, or dispose of real or personal property of every kind within or without the district necessary or convenient to the full exercise of its power.

      5.  To acquire, by purchase, lease, construction, or otherwise, or contract to acquire, lands, rights of way, easements, privileges, and property of every kind, whether real or personal, and to construct, maintain, and operate any and all works or improvements within or without the district necessary or proper to carry out any of the objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve any works or improvements or property acquired by it as authorized by this act.

      6.  To store water in surface or underground reservoirs within the district for the common benefit of the district; to conserve and reclaim water for present and future use within the district; to appropriate and acquire water and water rights, and import water into the district, and to conserve same within the district, for any useful purpose to the district; to commence, maintain, intervene in, and compromise in the name of the district, or otherwise, and to assume the costs and expenses of any action or proceeding involving or affecting the ownership or use of waters or water rights within the district used or useful for any purpose of the district or of common benefit to any land situated therein, or involving the wasteful use of water therein; to commence, maintain, intervene in, defend, and compromise, and to assume the cost and expenses of, any and all actions and proceedings now or hereafter begun; to prevent interference with or diminution of; to prevent contamination, pollution or otherwise rendering unfit for beneficial use of the surface or subsurface water used in said district, and to commence, maintain, and defend actions and proceedings to prevent any such interference with the aforesaid waters as may endanger or damage the inhabitants, lands or use of water in the district.


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ê1997 Statutes of Nevada, Page 561 (Chapter 203, SB 359)ê

 

assume the costs and expenses of any action or proceeding involving or affecting the ownership or use of waters or water rights within the district used or useful for any purpose of the district or of common benefit to any land situated therein, or involving the wasteful use of water therein; to commence, maintain, intervene in, defend, and compromise, and to assume the cost and expenses of, any and all actions and proceedings now or hereafter begun; to prevent interference with or diminution of; to prevent contamination, pollution or otherwise rendering unfit for beneficial use of the surface or subsurface water used in said district, and to commence, maintain, and defend actions and proceedings to prevent any such interference with the aforesaid waters as may endanger or damage the inhabitants, lands or use of water in the district.

      7.  To have and exercise in the State of Nevada the right of eminent domain, either within or without said district, and in the manner provided by law for the condemnation of private property for public use, to take any property necessary to carry out any of the objects or purposes of this act, whether such property be already devoted to the same use by any district or other public corporation or agency or otherwise, and to condemn any existing works or improvements in said district now or hereafter used. The power of eminent domain vested in the board of directors of said district shall include the power to condemn, in the name of the district, either the fee simple or any lesser estate or interest in any real property which said board by resolution shall determine is necessary for carrying out the purposes of this act. Such resolution shall be prima facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.

      8.  To enter upon any land, to make surveys and locate the necessary works of improvement and the lines for channels, conduits, canals, pipelines, roadways, and other rights of way; to acquire by purchase, lease, contract, condemnation, gift, or other legal means, all lands and water and water rights and other property necessary or convenient for the construction, use, supply, maintenance, repair, and improvement of said works, including works constructed and being constructed by private owners, lands for reservoirs for storage of necessary water, and all necessary appurtenances, and also where necessary or convenient to said end, and for said purposes and uses, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions, or rights; to enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county, district of any kind, public or private corporation, association, firm or individual, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair, or operation of any rights, works, or other property of a kind which might be lawfully acquired or owned by said water district; to acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district; to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch, or conduit of the district; to enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or individual, or any number of them, for the transfer or delivery to any such district, corporation, association, firm, or individual of any water right or water pumped, stored, appropriated, or otherwise acquired or secured for the use of the said district, or for the purpose of exchanging the same for other water, water right, or water supply in exchange for water, water right, or water supply to be delivered to said district by the other party to said agreement; to cooperate with, and to act in conjunction with, the State of Nevada, or any of its engineers, officers, boards, commissions, departments, or agencies, or with the government of the United States, or any of its engineers, officers, boards, commissions, departments, or agencies, or with any public or private corporation, in the construction of any work for the importation and distribution of water of said district, or for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said district, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.


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ê1997 Statutes of Nevada, Page 562 (Chapter 203, SB 359)ê

 

reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district; to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch, or conduit of the district; to enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or individual, or any number of them, for the transfer or delivery to any such district, corporation, association, firm, or individual of any water right or water pumped, stored, appropriated, or otherwise acquired or secured for the use of the said district, or for the purpose of exchanging the same for other water, water right, or water supply in exchange for water, water right, or water supply to be delivered to said district by the other party to said agreement; to cooperate with, and to act in conjunction with, the State of Nevada, or any of its engineers, officers, boards, commissions, departments, or agencies, or with the government of the United States, or any of its engineers, officers, boards, commissions, departments, or agencies, or with any public or private corporation, in the construction of any work for the importation and distribution of water of said district, or for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said district, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.

      9.  To carry on technical and other investigations of all kinds, make measurements, collect data, and make analyses, studies, and inspections pertaining to water supply, water rights, control of floods and use of water, both within and without said district, and for this purpose said district shall have the right of access through its authorized representative to all lands and premises within said district.

      10.  To incur indebtedness and to issue bonds in the manner provided by chapters 271 and 350 of NRS, and for [short-term financing] medium-term obligations by chapter [354] 350 of NRS.

      11.  To cause taxes to be levied and collected for the purpose of paying any obligation of the district during its organizational state, including necessary engineering costs and further to assist in the operational expenses of said district until such taxes are no longer required therefor.

      12.  To supplement the ground-water resources of Las Vegas valley by the importation and use of the waters of Lake Mead, under the Nevada allocation, for industrial, irrigation, municipal, and domestic uses.

      13.  To make contracts, and to employ labor, and to do all acts necessary for the full exercise of all powers vested in said district, or any of the officers thereof, by this act.

      14.  To supply water under contract, agreement, or in other legal manner to the United States of America, or any department thereof, the State of Nevada, Clark County, and any city, town, corporation, individual, association, or partnership situated within Clark County, Nevada, for an appropriate charge, consideration, or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the district.


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ê1997 Statutes of Nevada, Page 563 (Chapter 203, SB 359)ê

 

the State of Nevada, Clark County, and any city, town, corporation, individual, association, or partnership situated within Clark County, Nevada, for an appropriate charge, consideration, or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the district.

      15.  To have the right to provide from revenues or other available funds an adequate depreciation fund for the replacement of parts of the works and properties of the district.

      16.  To create assessment districts for the purpose of acquiring water projects.

      17.  To accept from the Government of the United States or any of its agencies financial assistance or participation in the form of grants-in-aid or any other form in connection with any of the functions of the water district.

       Sec. 28.2.  Section 3 of chapter 100, Statutes of Nevada 1993, at page 160, as amended by chapter 266, Statutes of Nevada 1995, at page 440, is hereby amended to read as follows:

      Sec. 3.  The district has the following powers:

      1.  To have perpetual succession.

      2.  To sue and be sued in the name of the district in all courts or tribunals of competent jurisdiction.

      3.  To adopt a seal and alter it at the district’s pleasure.

      4.  To enter into contracts, and employ and fix the compensation of staff and professional advisers.

      5.  To incur indebtedness pursuant to chapter 271 of NRS, issue bonds pursuant to chapter 350 of NRS and provide for [short-term financing] medium-term obligations pursuant to chapter [354] 350 of NRS to pay, in whole or in part, the costs of acquiring, constructing and operating any lands, easements, water rights, water, waterworks or projects, conduits, pipelines, wells, reservoirs, structures, machinery and other property or equipment useful or necessary to store, convey, supply or otherwise deal with water, and otherwise to carry out the powers set forth in this section. For the purposes of NRS 350.572, sections 1 to 15, inclusive, of this act do not expressly or impliedly require an election before the issuance of a security or indebtedness pursuant to NRS 350.500 to 350.572, inclusive, if the obligation is payable solely from pledged revenues, but an election must be held before incurring a general obligation.

      6.  To acquire, by purchase, grant, gift, devise, lease, construction, contract or otherwise, lands, rights of way, easements, privileges, water and water rights, and property of every kind, whether real or personal, to construct, maintain and operate, within or without the district, any and all works and improvements necessary or proper to carry out any of the objects or purposes of sections 1 to 15, inclusive, of this act, and to complete, extend, add to, repair or otherwise improve any works, improvements or property acquired by it as authorized by sections 1 to 15, inclusive, of this act.


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ê1997 Statutes of Nevada, Page 564 (Chapter 203, SB 359)ê

 

      7.  To sell, lease, encumber, hypothecate or otherwise dispose of property, whether real or personal, including water and water rights, as is necessary or convenient to the full exercise of the district’s powers.

      8.  To adopt ordinances, rules, regulations and bylaws necessary for the exercise of the powers and conduct of the affairs of the board and district.

      9.  Except as otherwise provided in this subsection, to exercise the power of eminent domain in the manner prescribed by law, within or without the service area of the district, to take any property, including, without limitation, the property specified in subsections 6 and 15, necessary or convenient for the exercise of the powers of the district or for the provision of adequate water service to the service area. The district shall not exercise the power of eminent domain to acquire the water rights or waterworks facilities of any nonprofit purveyor delivering water for domestic use whose service area is adjacent to the district without first obtaining the consent of the purveyor.

      10.  To enter upon any land, to make surveys and locate any necessary improvements, including, without limitation, lines for channels, conduits, canals, pipelines, roadways and other rights of way, to acquire property necessary or convenient for the construction, use, supply, maintenance, repair and improvement of such improvements, including works constructed and being constructed by private owners, lands for reservoirs for the storage of necessary water, and all necessary appurtenances, and, where necessary and for the purposes and uses set forth in this section, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions or other rights.

      11.  To enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county or district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair or operation of any rights, works or other property of a kind which may be lawfully acquired or owned by the district.

      12.  To acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district, and to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch or conduit of the district.

      13.  To enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the transfer or delivery to any district, corporation, association, firm or natural person of any water right or water pumped, stored, appropriated or otherwise acquired or secured for the use of the district, or for the purpose of exchanging the water or water right for any other water, water right or water supply to be delivered to the district by the other party to the agreement.


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ê1997 Statutes of Nevada, Page 565 (Chapter 203, SB 359)ê

 

water pumped, stored, appropriated or otherwise acquired or secured for the use of the district, or for the purpose of exchanging the water or water right for any other water, water right or water supply to be delivered to the district by the other party to the agreement.

      14.  To cooperate and act in conjunction with the State of Nevada or any of its engineers, officers, boards, commissions, departments or agencies, with the government of the United States or any of its engineers, officers, boards, commissions, departments or agencies, or with any public or private corporation, to construct any work for the development, importation or distribution of water of the district, for the protection of life or property therein, or for the conservation of its water for beneficial use within the district, or to carry out any other works, acts or purposes provided for in sections 1 to 15, inclusive, of this act, and to adopt and carry out any definite plan or system of work for any of the purposes described in sections 1 to 15, inclusive, of this act.

      15.  To store water in surface or underground reservoirs within or without the district for the common benefit of the district, to conserve and reclaim water for present and future use within the district, to appropriate and acquire water and water rights and import water into the district for any useful purpose to the district, and to commence, maintain, intervene in and compromise in the name of the district, or otherwise, and assume the costs and expenses of any action or proceeding involving or affecting:

      (a) The ownership or use of water or water rights within or without the district used or useful for any purpose of the district or of common benefit to any land situated therein;

      (b) The wasteful use of water within the district;

      (c) The interference with or diminution of water or water rights within the district;

      (d) The contamination or pollution of the surface or subsurface water used in the district or any other act that otherwise renders such water unfit for beneficial use; and

      (e) The interference with this water that may endanger or damage the residents, lands or use of water in the district.

      16.  To sell and distribute water under the control of the district, without preference, to any natural person, firm, corporation, association, district, agency or inhabitant, public or private, for use within the service area, to fix, establish and adjust rates, classes of rates, terms and conditions for the sale and use of such water, and to sell water for use outside the service area upon a finding by the board that there is a surplus of water above that amount required to serve customers within the service area.

      17.  To cause taxes to be levied and collected for the purposes prescribed in sections 1 to 15, inclusive, of this act, including the payment of any obligation of the district during its organizational state and thereafter, and necessary engineering costs, and to assist in the operational expenses of the district, until such taxes are no longer required.


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ê1997 Statutes of Nevada, Page 566 (Chapter 203, SB 359)ê

 

the operational expenses of the district, until such taxes are no longer required.

      18.  To supplement the surface and ground-water resources of Virgin Valley by the importation and use of water from other sources for industrial, irrigation, municipal and domestic uses.

      19.  To restrict the use of district water during any emergency caused by drought or other threatened or existing water shortage, and to prohibit the waste of district water at any time through the adoption of ordinances, rules or regulations and the imposition of fines for violations of those ordinances, rules and regulations.

      20.  To annex area into the district in the manner prescribed for cities in chapter 268 of NRS.

      21.  To supply water under contract or agreement, or in any other manner, to the United States or any department or agency thereof, the State of Nevada, Clark County, Nevada, and any city, town, corporation, association, partnership or natural person situated in Clark County, Nevada, and to deliver water to those users in Mohave County, Arizona, who are located in the Virgin Valley in accordance with the provisions of NRS 533.515 and 533.520, for an appropriate charge, consideration or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the district.

      22.  To create assessment districts to extend mains, improve distribution systems and acquire presently operating private water companies and mutual water distribution systems.

      23.  To accept from the Government of the United States or any of its agencies financial assistance or participation in the form of grants-in-aid or any other form in connection with any of the functions of the district.

      24.  To assume the obligations of the Bunkerville Water Users’ Association, a nonprofit corporation, in providing water service to users in the district’s service area.

      25.  To assume the obligations of the Mesquite Farmstead Water Association, a nonprofit corporation, in providing water service to users in the district’s service area and in its certificated service area in Mohave County, Arizona, pursuant to the certificate of public convenience and necessity granted to the Mesquite Farmstead Water Association by the State of Arizona.

      26.  To conduct business in Mohave County, Arizona, upon qualifying to do so pursuant to the laws of that state.

      27.  To do all acts and things reasonably implied from and necessary for the full exercise of all powers of the district granted by sections 1 to 15, inclusive, of this act.

       Sec. 28.3.  Section 20 of chapter 458, Statutes of Nevada 1983, at page 1213, as amended by chapter 230, Statutes of Nevada 1991, at page 510, is hereby amended to read as follows:

      Sec. 20.  1.  The authority, upon the affirmative vote of five trustees and with the approval of the board of county commissioners of Lander County, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues, and to issue warrants and interim debentures to evidence the amount so borrowed.


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election in anticipation of the collection of taxes or other revenues, and to issue warrants and interim debentures to evidence the amount so borrowed.

      2.  The authority may enter into [short-term financing] medium-term obligations in compliance with [NRS 354.430 to 354.460, inclusive, and 354.618.] sections 2 to 6, inclusive, of this act. The authority is not required to obtain the approval of the board of county commissioners of Lander County if the outstanding principal amount of the financing is $400,000 or less. The authority may enter into [short-term financing] medium-term obligations in an amount in excess of $400,000 if the authority obtains the approval of the board of county commissioners of Lander County.

       Sec. 28.4.  Section 20 of chapter 474, Statutes of Nevada 1977, at page 973, as last amended by chapter 494, Statutes of Nevada 1985, at page 1512, is hereby amended to read as follows:

      Sec. 20.  The authority may enter into [short-term financing] medium-term obligations in compliance with [NRS 354.430 to 354.460, inclusive, and 354.618.] sections 2 to 6, inclusive, of this act.

      Sec. 32.  1.  Sections 8 and 16 of chapter 541, Statutes of Nevada 1995, at pages 1862 and 1866, respectively, are hereby amended to read respectively as follows:

       Sec. 8.  NRS 482.215 is hereby amended to read as follows:

       482.215  1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

       2.  Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department [.] or to a registered dealer.

       3.  Each application must be made upon the appropriate form furnished by the department and contain:

       (a) The signature of the owner.

       (b) His residential address.

       (c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.

       (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.

       (e) Proof satisfactory to the department or registered dealer that the applicant has provided the insurance required by NRS 485.185 and his signed declaration that he will maintain the insurance during the period of registration.

       (f) If the insurance is provided by a contract of insurance, evidence of that insurance provided by the insurer in the form of:

 


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             (1) A certificate of insurance on a form approved by the commissioner of insurance; or

             (2) A card issued pursuant to NRS 690B.023 which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185.

The department may file that evidence, return it to the applicant or otherwise dispose of it.

       (g) If required, evidence of the applicant’s compliance with controls over emission.

       4.  The application must contain such other information as is required by the department [,] or registered dealer, and must be accompanied by proof of ownership satisfactory to the department.

       5.  For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:

       (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

       (b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

       (c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his certificate of self-insurance.

       (d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.

       Sec. 16.  [Section]

       1.  This section and section 15.5 of this act become effective at 11:59 p.m. on September 30, 1995.

       2.  Sections 8 and 15 of this act [becomes] become effective at 12:01 a.m. on October 1, 1995.

      2.  Chapter 541, Statutes of Nevada 1995, at page 1866, is hereby amended by adding thereto a new section to be designated as section 15.5, immediately following section 15, to read as follows:

       Sec. 15.5.  Section 2 of chapter 504, Statutes of Nevada 1995, at page 1663, is hereby repealed.

      Sec. 33.  1.  Sections 7 and 9 of chapter 544, Statutes of Nevada 1995, at pages 1873 and 1874, respectively, are hereby amended to read respectively as follows:

       Sec. 7.  NRS 616.630 is hereby amended to read as follows:

       616.630  1.  If the manager finds that an employer within the provisions of NRS 616.285 [has] :

 


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       (a) Has failed to provide and secure compensation as required by the terms of this chapter [,] ; or

       (b) Has provided and secured such compensation but has failed to maintain that compensation,

he shall make a determination thereon and may charge the employer an amount [equal to] of not more than three times the premiums that would otherwise have been owed to the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing , [or] securing or maintaining that compensation, but not to exceed 6 years.

       2.  The manager shall mail a copy of his determination to the employer. An employer who is aggrieved by the manager’s determination may appeal from the determination pursuant to subsection 2 of NRS 616.635.

       3.  Any employer within the provisions of NRS 616.285 who fails to provide , [and] secure or maintain compensation as required by the terms of this chapter, is:

       (a) For the first offense, guilty of a gross misdemeanor.

       (b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a [gross misdemeanor.] felony, punishable by imprisonment in the state prison for a definite term of not less than 1 year nor more than 5 years or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

       Sec. 9.  NRS 616.675 is hereby amended to read as follows:

       616.675  Unless a different penalty is provided pursuant to NRS 616.678 to 616.683, inclusive, a person who knowingly makes a false statement or representation , including, but not limited to, a false statement or representation relating to his identity or the identity of another person, or who knowingly conceals a material fact to obtain or attempt to obtain any benefit, including a controlled substance, or payment under the provisions of this chapter, either for himself or for any other person, shall be punished as follows:

       1.  If the amount of the benefit or payment obtained or attempted to be obtained was less than $250, for a misdemeanor.

       2.  If the amount of the benefit or payment obtained or attempted to be obtained was $250 or more, for a category D felony as provided in NRS 193.130.

In addition to any other penalty, the court shall order the person to pay restitution.

 


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      2.  Chapter 544, Statutes of Nevada 1995, at page 1881, is hereby amended by adding thereto a new section to be designated as section 18.5, immediately following section 18, to read as follows:

       Sec. 18.5.  Section 104 of chapter 580, Statutes of Nevada 1995, at page 2032, is hereby amended to read as follows:

      Sec. 104.  NRS 616.630 is hereby amended to read as follows:

      616.630  1.  If the [manager] administrator finds that an employer within the provisions of NRS 616.285:

      (a) Has failed to provide and secure compensation as required by the terms of this chapter; or

      (b) Has provided and secured such compensation but has failed to maintain that compensation,

he shall make a determination thereon based on any information that is within his possession or that may come within his possession and may charge the employer an amount of not more than three times the premiums that would otherwise have been owed to the system if he had been insured by the system pursuant to the terms of this chapter for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years. Any money collected by the administrator pursuant to this subsection must be deposited into the uninsured employers’ claim fund.

      2.  [The manager shall mail a copy of his determination to the employer.] If the manager is not satisfied with the amount of a premium required to be paid to the system by any person, he may compute and determine the amount required to be paid on the basis of any information within his possession or which may come into his possession. One or more determinations of a deficiency may be made of the amount due for one or more periods.

      3.  Except for a determination made pursuant to subsection 1, a notice of a determination of a deficiency issued by the manager must be served personally or mailed within 3 years after the last day of the calendar month following the period for which the amount that is proposed to be determined is due. An employer who is aggrieved by [the manager’s] a determination made pursuant to this section or NRS 360.300 may appeal from the determination pursuant to subsection 2 of NRS 616.635.

      [3.] 4.  Any employer within the provisions of NRS 616.285 who fails to provide, secure or maintain compensation as required by the terms of this chapter, is:

      (a) For the first offense, guilty of a gross misdemeanor.

      (b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a felony, punishable by imprisonment in the state prison for a definite term of not less than 1 year nor more than 5 years or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

 


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Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

      Sec. 34.  1.  Chapter 550, Statutes of Nevada 1995, at page 1899, is hereby amended by adding thereto new sections to be designated as sections 11.3 and 11.5, immediately following section 11, to read respectively as follows:

       Sec. 11.3.  NRS 450.090 is hereby amended to read as follows:

       450.090  1.  In any county whose population is 400,000 or more, the board of county commissioners is, ex officio, the board of hospital trustees, and the county commissioners shall serve as hospital trustees during their terms of office as county commissioners.

       2.  In any county whose population is less than 400,000, the board of county commissioners may enact an ordinance providing that the board of county commissioners is, ex officio, the board of hospital trustees. If such an ordinance is enacted in a county:

       (a) The county commissioners shall serve as hospital trustees during their terms of office as county commissioners; and

       (b) If hospital trustees have been elected pursuant to NRS 450.070 and 450.080, the term of office of each hospital trustee who is serving in that capacity on the effective date of the ordinance is terminated as of the effective date of the ordinance.

       3.  A board of county commissioners shall not enact an ordinance pursuant to subsection 2 unless it determines that:

       (a) The county has fully funded its indigent care account created pursuant to NRS 428.010;

       (b) The county has fulfilled its duty to reimburse the hospital for indigent care provided to qualified indigent patients; and

       (c) During the previous calendar year:

             (1) At least one of the hospital’s accounts payable was more than 90 days in arrears;

             (2) The hospital failed to fulfill its statutory financial obligations, such as the payment of taxes, premiums for industrial insurance or contributions to the public employees’ retirement system;

             (3) One or more of the conditions [of financial difficulty] relating to financial emergencies set forth in [NRS 354.660] subsection 1 of section 3 of this act existed at the hospital; or

             (4) The hospital received notice from the Federal Government or the State of Nevada that the certification or licensure of the hospital was in imminent jeopardy of being revoked because the hospital had not carried out a previously established plan of action to correct previously noted deficiencies found by the regulatory body.

       4.  Except in counties where the board of county commissioners is the board of hospital trustees, in any county whose population is 100,000 or more but less than 400,000, the board of hospital trustees for the public hospital must be composed of the five regularly elected or appointed members, and, in addition, three county commissioners selected by the chairman of the board of county commissioners shall serve as voting members of the board of hospital trustees during their terms of office as county commissioners.


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       5.  Except in counties where the board of county commissioners is the board of hospital trustees, in any county whose population is less than 100,000, the board of hospital trustees for the public hospital must be composed of the five regularly elected or appointed members, and, in addition, the board of county commissioners may, by resolution, provide that one county commissioner selected by the chairman of the board of county commissioners shall serve as a voting member of the board of hospital trustees during his term of office as county commissioner.

       Sec. 11.5.  NRS 450.620 is hereby amended to read as follows:

       450.620  1.  Except as otherwise provided in subsection 2, if a hospital district is created pursuant to NRS 450.550 to 450.700, inclusive, the board of county commissioners shall provide by ordinance for:

       (a) The number of trustees who shall govern the hospital;

       (b) Their term of office, which must not exceed 4 years; and

       (c) The times and manner of their election, which must be nonpartisan.

       2.  The board of county commissioners may enact an ordinance providing that the board of county commissioners is, ex officio, the board of hospital trustees of the district hospital. If such an ordinance is enacted in a county:

       (a) The county commissioners shall serve as the hospital trustees of the district hospital during their terms of office as county commissioners; and

       (b) If hospital trustees have been elected pursuant to subsection 1, the term of office of each hospital trustee of the district hospital who is serving in that capacity on the effective date of the ordinance is terminated as of the effective date of the ordinance.

       3.  A board of county commissioners shall not enact an ordinance pursuant to subsection 2 unless it determines that:

       (a) The county has fully funded its indigent care account created pursuant to NRS 428.010;

       (b) The county has fulfilled its duty to reimburse the hospital for indigent care provided to qualified indigent patients; and

       (c) During the previous calendar year:

             (1) At least one of the hospital’s accounts payable was more than 90 days in arrears;

             (2) The hospital failed to fulfill its statutory financial obligations, such as the payment of taxes, premiums for industrial insurance or contributions to the public employees’ retirement system;

             (3) One or more of the conditions [of financial difficulty] relating to financial emergencies set forth in [NRS 354.660] subsection 1 of section 3 of this act existed at the hospital; or

             (4) The hospital received notice from the Federal Government or the State of Nevada that the certification or licensure of the hospital was in imminent jeopardy of being revoked because the hospital had not carried out a previously established plan of action to correct previously noted deficiencies found by the regulatory body.


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      2.  Chapter 550, Statutes of Nevada 1995, at page 1903, is hereby amended by adding thereto a new section to be designated as section 16.5, immediately following section 16, to read as follows:

       Sec. 16.5.  Section 10 of chapter 112, Statutes of Nevada 1995, at page 145, is hereby amended to read as follows:

      Sec. 10.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      No cause of action may be brought against the committee on local government finance created pursuant to NRS 266.0165, or any of its members, which is based upon:

      1.  Any act or omission in the execution of, or otherwise in conjunction with, the execution of sections 3 to 6, inclusive, of chapter 112, Statutes of Nevada 1995, and sections 2 to 5, inclusive, of this act, or any policy or plan adopted pursuant thereto, whether or not such statute, policy or plan is valid, if the statute, policy or plan has not been declared invalid by a court of competent jurisdiction; or

      2.  The exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the committee on local government finance or member thereof, whether or not the discretion involved is abused.

      Sec. 35.  Section 6 of chapter 551, Statutes of Nevada 1995, at page 1908, is hereby amended to read as follows:

       Sec. 6.  NRS 354.626 is hereby amended to read as follows:

       354.626  1.  No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, [short-term financing] medium-term obligation repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof ceases to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities, school districts or special districts, by the district attorney.

       2.  Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:

       (a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.

       (b) Long-term cooperative agreements as authorized by chapter 277 of NRS.

       (c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.

       (d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.


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       (e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.

       (f) Contracts between a local government and any person for the construction or completion of public works, money for which has been provided by the proceeds of a sale of bonds or [short-term financing.] medium-term obligations. Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.

       (g) Contracts which are entered into by a local government and delivered to any person solely for the purpose of acquiring supplies and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year, and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.

       (h) Long-term contracts for the furnishing of television or FM radio broadcast translator signals as authorized by NRS 269.127.

       (i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.

       (j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.

      Sec. 36.  Sections 4 and 12 of chapter 563, Statutes of Nevada 1995, at pages 1935 and 1941, respectively, are hereby amended to read respectively as follows:

       Sec. 4.  NRS 354.624 is hereby amended to read as follows:

       354.624  1.  Each local government shall provide for an annual audit of all of its:

       (a) Funds;

       (b) Account groups; and

       (c) Separate accounts established pursuant to NRS 354.603.

A local government may provide for more frequent audits as it deems necessary. Except as provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 5 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government which makes application for an extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause the audit to be made at the expense of the local government. All audits must be made by a public accountant certified or registered or by a partnership or professional corporation registered under the provisions of chapter 628 of NRS.


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       2.  The annual audit of a school district must be concluded and the report submitted to the board of trustees as provided in subsection 5 not later than 4 months after the close of the fiscal year for which the audit is conducted.

       3.  The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated not later than 3 months before the close of the fiscal year for which the audit is to be made.

       4.  Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards, including comment on compliance with statutes and regulations, recommendations for improvements and any other comments deemed pertinent by the auditor, including his expression of opinion on the financial statements. The form of the financial statements must be prescribed by the department of taxation, and the chart of accounts must be as nearly as possible the same as that used in the preparation and publication of the annual budget. The report of the audit must include:

       (a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989; [and]

       (b) A comparison of operations of the local government with the approved budget and a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous reports have been acted upon by adoption as recommended, adoption with modifications or rejection [.] ; and

       (c) A statement from the auditor indicating whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by section 1 of this act:

             (1) An enterprise fund.

             (2) An internal service fund.

             (3) A trust and agency fund.

             (4) A self-insurance fund.

             (5) A fund whose balance is required by law to be:

                   (I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or

                   (II) Carried forward to the succeeding fiscal year in any designated amount.

       5.  The recommendations and the summary of the narrative comments contained in the report of the audit must be read in full at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with any related letter to the governing body required by generally accepted auditing standards or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

       (a) The clerk or secretary of the governing body;

       (b) The county clerk;


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       (c) The department of taxation; and

       (d) In the case of a school district, the department of education.

       6.  The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.

       Sec. 12.  1.  This section and sections 1, 2, 3 and 5 to 11, inclusive, of this act [becomes] become effective on July 1, 1995.

       2.  Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1995.

      Sec. 37.  1.  Sections 4, 8, 9, 17 and 22 of chapter 578, Statutes of Nevada 1995, at pages 1975, 1977, 1984 and 1985, are hereby amended to read respectively as follows:

       Sec. 4.  1.  Except as otherwise provided in this section, a person shall not advertise or offer for sale in this state any policies or memberships or solicit or receive any money, subscriptions, applications, premiums, assessments, memberships or any other fee or charge in connection with a proposed association of self-insured public or private employers unless he has obtained a solicitor’s permit from the commissioner.

       2.  To obtain a solicitor’s permit, a person must file a written application with the commissioner. The application must include:

       (a) The name, type and purposes of the association formed or proposed to be formed or financed;

       (b) The name, residential address, business, professional or employment experience for the preceding 10 years and qualifications of each person associated or to be associated as director, promoter, manager, member of the board or in other similar capacity in the association, or in the formation of the proposed association or in the proposed financing, together with the fingerprints of each person so associated or to be associated, on forms furnished by the commissioner;

       (c) A full disclosure of the terms of all pertinent understandings and agreements existing or proposed among any persons or entities so associated or to be associated, and a copy of each such agreement;

       (d) A copy of the articles of incorporation and bylaws of a solicitor, if incorporated;

       (e) The plan according to which solicitations are to be made and a reasonably detailed estimate of all administrative and sales expenses to be incurred;

       (f) A copy of any certificate proposed to be offered, and a copy of any proposed application therefor;

       (g) A copy of any prospectus, offering circular, advertising or sales literature or materials proposed to be used;

       (h) Proof of an escrow account and agreement for the deposit of all funds collected during the formation of the association; and


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       (i) Such additional pertinent information as the commissioner may reasonably require.

       3.  The application must be accompanied by a fee of $500 for the filing of the application and for the issuance of the permit, if granted. A solicitor must submit this fee each year thereafter if he continues to recruit new members for an association.

       4.  A person who violates subsection 1 shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

       5.  The provisions of this section do not apply to:

       (a) A bona fide trade association that has been in existence for at least 5 years and solicits members of its trade association; or

       (b) A person who is employed by:

             (1) Current members of an association; or

             (2) Employers that are considering membership in an association,

whose primary duties do not include solicitation of potential members of the association.

       Sec. 8.  1.  Except as otherwise provided in subsection 2, if the membership of an employer who was a member of an association of self-insured public or private employers has been terminated or canceled and the system subsequently insures that employer:

       (a) The employer shall remain insured by the system for at least 2 years before it may join an association of self-insured public or private employers.

       (b) The system shall determine the amount of premium that such an employer must pay based on:

             (1) The premium rate for the standard industrial classification of that employer which the system may deviate from not more than 15 percent; and

             (2) An adjustment based on the experience of the employer for the 3 previous years,

in accordance with the regulations adopted pursuant to NRS 616.380.

       2.  A member of an association who terminates his membership in the association pursuant to subsection 4 of NRS 616.37935 may not, before July 1, 1998, obtain industrial insurance from the system.

       Sec. 9.  NRS 616.015 is hereby amended to read as follows:

       616.015  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 616.020 to 616.123, inclusive, [and] section 2 of chapter 497, Statutes of Nevada 1995, and sections 2 to 3.6, inclusive, of this act, have the meanings ascribed to them in those sections.

       Sec. 17.  NRS 616.3798 is hereby amended to read as follows:

       616.3798  1.  Except as otherwise provided in NRS 616.647, before any action may be taken pursuant to subsection 2, the commissioner shall arrange an informal meeting with an association of self-insured public or private employers to discuss and seek correction of any conduct which would be grounds for withdrawal of the certificate of the association.


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self-insured public or private employers to discuss and seek correction of any conduct which would be grounds for withdrawal of the certificate of the association.

       2.  Except as otherwise provided in subsection 3 and NRS 616.647, before the withdrawal of the certificate of any association of self-insured public or private employers, the commissioner shall give written notice to the association by certified mail that its certificate will be withdrawn 10 days after receipt of the notice unless, within that time, the association corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the commissioner.

       3.  The commissioner may grant additional time, not to exceed an additional 120 days, before the withdrawal of the certificate of an association if:

       (a) The grounds for withdrawal of the certificate of the association are based on paragraph (d) of subsection 2 of NRS 616.37977; and

       (b) The association is financially sound and capable of fulfilling its commitments.

       4.  If the association requests a hearing:

       (a) The commissioner shall set a date for a hearing within 20 days after receiving the request and give the association at least 10 business days’ notice of the time and place of the hearing.

       (b) A record of the hearing must be kept, but it need not be transcribed unless requested by the association with the cost of transcription to be charged to the association.

       (c) Within 5 business days after the hearing, the commissioner shall either affirm or disaffirm the withdrawal and give the association written notice thereof by certified mail. If withdrawal of certification is affirmed, the withdrawal becomes effective 10 business days after the association receives notice of the affirmance unless within that period the association corrects the conduct which was grounds for the withdrawal or petitions for judicial review of the affirmance.

       [4.] 5.  If the withdrawal of certification is affirmed following judicial review, the withdrawal becomes effective 5 days after entry of the final decree of affirmance.

       Sec. 22.  1.  This [act becomes] section and sections 1 to 13, inclusive, 14 to 16.5, inclusive, and 18 to 21, inclusive, of this act become effective at 12:01 a.m. on July 1, 1995.

       2.  [Section] Sections 13.5 and 17 of this act [becomes] become effective at 12:02 a.m. on July 1, 1995.

      2.  Chapter 578, Statutes of Nevada 1995, at page 1985, is hereby amended by adding thereto a new section to be designated as section 18.5, immediately following section 18, to read as follows:

       Sec. 18.5.  Section 37 of chapter 580, Statutes of Nevada 1995, at page 2008, is hereby amended to read as follows:

      Sec. 37.  NRS 616.015 is hereby amended to read as follows:

      616.015  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 616.020 to 616.123, inclusive, section 2 of chapter 497, Statutes of Nevada 1995, [and] sections 2 to 3.6, inclusive, of chapter 578, Statutes of Nevada 1995, and sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.


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sections 2 to 3.6, inclusive, of chapter 578, Statutes of Nevada 1995, and sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 38.  Sections 1, 56, 62, 67, 82, 83, 100, 106, 120, 122, 132 and 184 of chapter 580, Statutes of Nevada 1995, at pages 1997, 2012, 2014, 2016, 2023, 2031, 2033, 2038, 2040, 2046 and 2057, are hereby amended to read respectively as follows:

       Section 1.  NRS 612.265 is hereby amended to read as follows:

       612.265  1.  Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

       2.  Any claimant or his legal representative is entitled to information from the records of the division, to the extent necessary for the proper presentation of his claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the division for any other purpose.

       3.  Subject to such restrictions as the administrator may by regulation prescribe, the information obtained by the division may be made available to:

       (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of [an] laws relating to unemployment compensation , [law,] public assistance [law, workman’s] , workers’ compensation or labor [law,] and industrial relations, or the maintenance of a system of public employment offices;

       (b) Any state or local agency for the enforcement of child support;

       (c) The Internal Revenue Service of the Department of the Treasury;

       (d) The department of taxation; and

       (e) The state contractors’ board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

       4.  Upon written request made by a public officer of a local government, the administrator shall furnish from the records of the division the name, address and place of employment of any person listed in the records of employment of the division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government.


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local government. The administrator may charge a reasonable fee for the cost of providing the requested information.

       5.  The administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this state. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this state, the administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

       6.  Upon request therefor the administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

       7.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the administrator that he furnish, from the records of the division, the name, address and place of employment of any person listed in the records of employment of the division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the administrator shall furnish the information requested. He may charge a fee to cover the actual costs of any related administrative expenses.

       8.  In addition to the provisions of subsection 5, the administrator shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for use in verifying returns for the business tax. The administrator may charge a fee to cover the actual costs of any related administrative expenses.

       9.  The manager of the state industrial insurance system or a private carrier that provides industrial insurance in this state shall submit to the administrator a list containing the name of each person who received benefits pursuant to chapter 616 or 617 of NRS during the preceding month and request that he compare the information so provided with the records of the division regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period.


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provided with the records of the division regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period. The information submitted by the manager or the private carrier must be in a form determined by the administrator and must contain the social security number of each such person. Upon receipt of [such a] the request, the administrator shall make such a comparison and [provide to the manager a list containing the name, address and social security number of each person who appears,] , if it appears from the information submitted [, to be] that a person is simultaneously claiming benefits under chapter 612 of NRS and under chapter 616 or 617 of NRS [.] , the administrator shall notify the attorney general or any other appropriate law enforcement agency. The administrator shall charge a fee to cover the actual costs of any related administrative expenses. [The manager shall use the information obtained pursuant to this subsection only to further a current investigation. The manager shall not disclose the information for any other purpose.]

       10.  The administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.

       11.  If any employee or member of the board of review or the administrator or any employee of the administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.

       12.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

       Sec. 56.  NRS 616.193 is hereby amended to read as follows:

       616.193  1.  [The insurer must] An insurer shall provide access to the files of claims in its offices.

       2.  A file is available for inspection during regular business hours by the employee or his designated agent, the employer or his designated agent and the administrator or his designated agent.

       3.  Upon request, the insurer [must] shall make copies of anything in the file and may charge a reasonable fee for this service. Copies of materials in the file which are requested by the administrator or his designated agent, or the Nevada attorney for injured workers or his designated agent must be provided free of charge.


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       4.  If a claim has been closed for at least 1 year, the insurer may microphotograph or film any of its records relating to that claim. The microphotographs or films must be placed in convenient and accessible files . [, and provision must be made for preserving, examining and using the records.

       5.  Nothing in this section requires the]

       5.  The administrator shall adopt regulations concerning the:

       (a) Maintenance of records in a file on current or closed claims;

       (b) Preservation, examination and use of records which have been microphotographed or filmed by an insurer; and

       (c) Location of a file on a closed claim.

       6.  This section does not require an insurer to allow inspection or reproduction of material regarding which a legal privilege against disclosure has been conferred.

       Sec. 62.  NRS 616.2545 is hereby amended to read as follows:

       616.2545  1.  For the purposes of this chapter and chapters 364A, 612 and 617 of NRS, an employee leasing company which complies with the provisions of NRS 616.254 to 616.2547, inclusive, shall be deemed to be the employer of the employees it leases to a client company.

       2.  An employee leasing company shall be deemed to be the employer of its leased employees for the purposes of sponsoring and maintaining any benefit plans.

       3.  An employee leasing company shall not offer its employees any self-funded insurance program. An employee leasing company shall not act as a self-insured employer or be a member of an association of self-insured public or private employers pursuant to this chapter or chapter 617 of NRS or pursuant to Title 57 of NRS.

       4.  If an employee leasing company fails to:

       (a) Pay any contributions, premiums, forfeits or interest due; or

       (b) Submit any reports or other information required,

pursuant to this chapter or chapter 612 or 617 of NRS, the client company is jointly and severally liable for the contributions, premiums, forfeits or interest attributable to the wages of the employees leased to it by the employee leasing company.

       Sec. 67.  NRS 616.279 is hereby amended to read as follows:

       616.279  1.  If a quasi-public or private corporation is required to be insured [under] pursuant to this chapter, an officer of the corporation who:

       (a) Receives pay for services performed as an officer or employee of the corporation shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per calendar year and a maximum pay of $36,000 per calendar year.

       (b) Does not receive pay for services performed as an officer or employee of the corporation shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per calendar year.

       2.  An officer who does not receive pay for services performed as an officer or employee of the corporation may elect to reject coverage by filing written notice thereof with the corporation and the [system.]


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by filing written notice thereof with the corporation and the [system.] insurer. The rejection is effective upon receipt of the notice by the [system.] insurer.

       3.  An officer who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation and the [system.] insurer. The rescission is effective upon receipt of the notice by the [system.] insurer. If an officer who has rejected coverage receives pay for services performed as an officer or employee of the corporation, the officer shall be deemed to have rescinded that rejection.

       4.  A nonprofit corporation whose officers do not receive pay for services performed as officers or employees of the corporation may elect to reject coverage for their current officers and all future officers who do not receive such pay by filing written notice thereof with the corporation and the [system.] insurer. The rejection is effective upon receipt of the notice by the [system.] insurer.

       5.  A nonprofit corporation which has rejected coverage for its officers who do not receive pay for services performed as officers or employees of the corporation may rescind that rejection by filing written notice thereof with the corporation and the [system.] insurer. The rescission is effective upon receipt of the notice by the [system.] insurer. If an officer of a nonprofit corporation which has rejected coverage receives pay for services performed as an officer or employee of the corporation, the corporation shall be deemed to have rescinded that rejection.

       Sec. 82.  NRS 616.355 is hereby amended to read as follows:

       616.355  1.  Any physician or chiropractor who attends an employee within the provisions of this chapter or chapter 617 of NRS in a professional capacity, may be required to testify before an appeals officer. A physician or chiropractor who testifies is entitled to receive the same fees as witnesses in civil cases and, if the appeals officer so orders at his own discretion, a fee equal to that authorized for a consultation by the appropriate schedule of fees for physicians or chiropractors. These fees must be paid by the [system, the self-insured employer or the association of self-insured public or private employers.] insurer.

       2.  Information gained by the attending physician or chiropractor while in attendance on the injured employee is not a privileged communication if:

       (a) Required by an appeals officer for a proper understanding of the case and a determination of the rights involved; or

       (b) The information is related to any fraud that has been or is alleged to have been committed in violation of the provisions of this chapter.

       Sec. 83.  NRS 616.37935 is hereby amended to read as follows:

       616.37935  1.  If an employer wishes to become a member of an association of self-insured public or private employers, the employer must:

       (a) Submit an application for membership to the board of trustees or third-party administrator of the association; and


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       (b) Enter into an indemnity agreement as required by NRS 616.37915.

       2.  The membership of the applicant becomes effective when each member of the association approves the application or on a later date specified by the association. The application for membership and the action taken on the application must be maintained as permanent records of the board of trustees.

       3.  Each member who is a member of an association during the 12 months immediately following the formation of the association must:

       (a) Have a tangible net worth of at least $500,000; or

       (b) Have had a reported payroll for the previous 12 months which would have resulted in a manual premium calculated according to the regulations adopted pursuant to NRS 616.380 of at least $15,000.

Any employer who seeks to become a member of the association subsequently must meet the requirement set forth in paragraph (a) or (b) unless the commissioner adjusts the requirement for membership in the association after conducting an annual review of the actuarial solvency of the association pursuant to subsection 1 of NRS 616.37915.

       4.  Except as otherwise provided in section 8 of [this act,] chapter 578, Statutes of Nevada 1995, a member of an association may terminate his membership at any time. To terminate his membership, a member must submit to the association’s administrator a notice of intent to withdraw from the association at least 120 days before the effective date of withdrawal. The association’s administrator shall, within 10 days after receipt of the notice, notify the commissioner of the employer’s intent to withdraw from the association.

       5.  The members of an association may cancel the membership of any member of the association in accordance with the bylaws of the association.

       6.  The association shall:

       (a) Notify the commissioner and the administrator of the termination or cancellation of the membership of any member of the association within 10 days after the termination or cancellation; and

       (b) At the expense of the member whose membership is terminated or canceled, maintain coverage for that member for 30 days after notice is given pursuant to paragraph (a), unless the association first receives notice from the administrator that the member has:

             (1) [Provided and secured compensation according to the terms, conditions and provisions of this chapter for any injury sustained by an employee arising out of and in the course of his employment;] Become insured by the system;

             (2) Been certified as a self-insured employer pursuant to NRS 616.293; [or]

             (3) Become a member of another association of self-insured public or private employers [.] ; or

             (4) Become insured by a private carrier.

       7.  If a member of an association changes his name or form of organization, the member remains liable for any obligations incurred or any responsibilities imposed pursuant to this chapter and chapter 617 of NRS under his former name or form of organization.


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any responsibilities imposed pursuant to this chapter and chapter 617 of NRS under his former name or form of organization.

       8.  An association is liable for the payment of any compensation required to be paid by a member of the association [under] pursuant to this chapter or chapter 617 of NRS during his period of membership. The insolvency or bankruptcy of a member does not relieve the association of liability for the payment of [such] the compensation.

       Sec. 100.  NRS 616.500 is hereby amended to read as follows:

       616.500  1.  An employee or, in the event of the employee’s death, one of his dependents, shall provide written notice of an injury that arose out of and in the course of employment to the employer of the employee as soon as practicable, but within 7 days after the accident.

       2.  The notice required by subsection 1 must:

       (a) Be on a form prescribed by the administrator. The form must allow the injured employee or his dependent to describe briefly the accident that caused the injury or death.

       (b) Be signed by the injured employee or by a person on his behalf, or in the event of the employee’s death, by one of his dependents or by a person acting on behalf of the dependent.

       (c) Include an explanation of the procedure for filing a claim for compensation.

       (d) Be prepared in duplicate so that the injured employee or his dependent and the employer can retain a copy of the notice.

       3.  Upon receipt of the notice required by subsection 1, the employer, the injured employee’s supervisor or the agent of the employer who was in charge of the type of work or the area where the accident occurred shall sign the notice. The signature of the employer, the supervisor or the employer’s agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer’s defenses or rights.

       4.  An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his employees.

       5.  An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the accident. An employer insured by the system or a private carrier shall not file a notice of injury with the system [.] or the private carrier.

       Sec. 106.  NRS 616.635 is hereby amended to read as follows:

       616.635  1.  If the [manager] administrator finds that any employer or any employee, officer or agent of any employer has knowingly:

       (a) Made a false statement or has knowingly failed to report a material fact concerning the amount of payroll upon which a premium is based; or

       (b) Misrepresented the classification or duties of an employee,

he shall make a determination thereon and charge the employer’s account an amount equal to three times the amount of the premium due.


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due. The [manager] administrator shall mail a copy of his determination to the employer.

       2.  An employer who is aggrieved by the [manager’s] administrator’s determination may appeal from the determination by filing a request for a hearing. The request must be filed within 30 days after the date on which a copy of the determination was mailed to the employer. The [manager] administrator shall hold a hearing within 30 days after he receives the request. The [determination] decision of the [manager] administrator made pursuant to a hearing is a final decision for the purposes of judicial review. The amount of the determination as finally decided by the administrator becomes due within 30 days after the decision is served on the employer.

       3.  A person who knowingly:

       (a) Makes a false statement or representation or who knowingly fails to report a material fact concerning the amount of payroll upon which a premium is based; or

       (b) Misrepresents the classification or duties of an employee,

is guilty of a gross misdemeanor. Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

       Sec. 120.  NRS 228.420 is hereby amended to read as follows:

       228.420  1.  The attorney general has primary jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of [benefits for industrial insurance.] compensation required by chapters 616 and 617 of NRS.

       2.  For this purpose, the attorney general shall establish within his office a fraud control unit for industrial insurance. The unit must consist of such persons as are necessary to carry out the duties set forth in this section, including, without limitation, an attorney, an auditor and an investigator.

       3.  The attorney general, acting through the unit established pursuant to subsection 2:

       (a) Is the single state agency responsible for the investigation and prosecution of any alleged criminal violations of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of [benefits for industrial insurance;] compensation required by chapters 616 and 617 of NRS;

       (b) Shall cooperate with the state industrial insurance system, the division of industrial relations of the department of business and industry, self-insured employers, associations of self-insured public or private employers , private carriers and other state and federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving violations of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of [benefits for industrial insurance;] compensation required by chapters 616 and 617 of NRS;


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ê1997 Statutes of Nevada, Page 587 (Chapter 203, SB 359)ê

 

       (c) Shall protect the privacy of persons who are eligible to receive [benefits] compensation pursuant to the provisions of chapter 616 or 617 of NRS and establish procedures to prevent the misuse of information obtained in carrying out this section; and

       (d) May, upon request, inspect the records of any self-insured employer, association of self-insured public or private employers, private carrier, the state industrial insurance system, the division of industrial relations of the department of business and industry and the state contractors’ board to investigate any alleged violation of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, or any fraud in the administration of chapter 616 or 617 of NRS or in the provision of [benefits for industrial insurance.] compensation required by chapters 616 and 617 of NRS.

       4.  When acting pursuant to NRS 228.175, 228.410 or this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.

       5.  The attorney general shall report the name of any person who has been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, to the occupational board that issued the person’s license or certificate to provide medical care, remedial care or other services in this state.

       6.  The attorney general shall establish a toll-free telephone number for persons to report information regarding alleged violations of any of the provisions of NRS 616.630, 616.635, 616.640, 616.675 to 616.700, inclusive, and any fraud in the administration of chapter 616 or 617 of NRS or in the provision of [benefits for industrial insurance.] compensation required by chapters 616 and 617 of NRS.

       7.  As used in this section:

       (a) “Association of self-insured private employers” has the meaning ascribed to it in NRS 616.0265.

       (b) “Association of self-insured public employers” has the meaning ascribed to it in NRS 616.0267.

       (c) “Private carrier” has the meaning ascribed to it in section 6 of this act.

       (d) “Self-insured employer” has the meaning ascribed to it in NRS 616.112.

       Sec. 122.  NRS 232.680 is hereby amended to read as follows:

       232.680  1.  The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the division, a full-time employee of the legislative counsel bureau, the fraud control unit for industrial insurance established pursuant to NRS 228.420 and the legislative committee on workers’ compensation created pursuant to section 120 of [this act,] chapter 587, Statutes of Nevada 1995, must be paid from assessments payable by each:

       (a) Insurer based upon expected annual [expenditures for claims;] premiums to be received; and


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ê1997 Statutes of Nevada, Page 588 (Chapter 203, SB 359)ê

 

       (b) Employer who provides accident benefits for injured employees pursuant to NRS 616.415, based upon his expected annual expenses of providing those benefits.

For the purposes of this subsection, the “premiums to be received” by a self-insured employer or an association of self-insured public or private employers shall be deemed to be the same fraction of the premiums to be received by the state industrial insurance system that his expected annual expenditure for claims is of the expected annual expenditure of the system for claims. The division shall adopt regulations which establish formulas of assessment which result in an equitable distribution of costs among the insurers and employers who provide accident benefits for injured employees. The formulas may utilize actual expenditures for claims.

       2.  Federal grants may partially defray the costs of the division.

       3.  Assessments made against insurers by the division after the adoption of regulations must be used to defray all costs and expenses of administering the program of [workmen’s] workers’ compensation, including the payment of:

       (a) All salaries and other expenses in administering the division, including the costs of the office and staff of the administrator.

       (b) All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.

       (c) The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.

       (d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to NRS 228.420.

       (e) Claims against uninsured employers arising from compliance with NRS 616.377 and 617.275.

       (f) All salaries and expenses of the members of the legislative committee on workers’ compensation and any other expenses incurred by the committee in carrying out its duties pursuant to sections 120 to 123, inclusive, of [this act.] chapter 587, Statutes of Nevada 1995.

       Sec. 132.  NRS 412.142 is hereby amended to read as follows:

       412.142  1.  Except as otherwise provided in subsection 2:

       (a) In all cases in which any member of the militia of the state is wounded, injured, disabled or killed while in the line of duty in the service of the state, the member or the dependents of the member are entitled to receive compensation from the State of Nevada, in accordance with the provisions of chapter 616 of NRS. If that wound, injury or disability is aggravated or recurs while the member is in the line of duty in the service of the state, the member or his dependents are also entitled to receive such compensation. [There must be paid to the state industrial insurance system quarterly, from the appropriation for the support of the office, such a sum for a premium as may be fixed and agreed upon by the commander in chief and the manager of the system, based upon the number of members in regular attendance during the month as shown by the reports filed with the adjutant general, who shall certify the numbers to the manager.]

 


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the system, based upon the number of members in regular attendance during the month as shown by the reports filed with the adjutant general, who shall certify the numbers to the manager.]

       (b) In all cases, the disabled or deceased member shall be deemed to be an employee of the State of Nevada. The compensation to be awarded to the member or to the dependents of the member must be determined upon the basis of his average income from all sources during the year immediately preceding the date of his injury or death or the commencement of his disability, but the compensation must not exceed the maximum prescribed in chapter 616 of NRS.

       2.  The provisions of this section do not apply to a member of the militia of the state or any dependents of the member who is receiving or is entitled to receive compensation or benefits for an injury, wound, illness, disability or death described in this section pursuant to any law or regulation of the Federal Government, if:

       (a) The federal compensation or benefits arise from military duties performed pursuant to Title 10 or Title 32 of the United States Code; and

       (b) The wound, injury, illness or disability is not an aggravation or recurrence of a wound, injury, illness or disability that arose from previous duties performed pursuant to Title 10 or Title 32 of the United States Code.

       Sec. 184.  NRS 687A.020 is hereby amended to read as follows:

       687A.020  Except as otherwise provided in subsection 5 of NRS 695E.200, this chapter applies to all direct insurance, except:

       1.  Life, annuity, health or disability insurance;

       2.  Mortgage guaranty, financial guaranty or other forms of insurance offering protection against investment risks;

       3.  Fidelity or surety bonds or any other bonding obligations;

       4.  Credit insurance as defined in NRS 690A.015;

       5.  Insurance of warranties or service contracts;

       6.  Title insurance;

       7.  Ocean marine insurance;

       8.  Any transaction or combination of transactions between a person, including affiliates of the person, and an insurer, including affiliates of the insurer, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or

       9.  Any insurance provided by or guaranteed by a governmental entity [.] or industrial insurance provided by the state industrial insurance system.

      Sec. 39.  1.  Sections 3, 9 and 11 of chapter 584, Statutes of Nevada 1995, at pages 2067, 2070 and 2071, respectively, are hereby amended to read respectively as follows:

       Sec. 3.  NRS 213.1099 is hereby amended to read as follows:

       213.1099  1.  Except as otherwise provided in this section and NRS 213.1215, the board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.160, inclusive, and section 5 of Senate Bill No. 61 of this session.


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       2.  In determining whether to release a prisoner on parole, the board shall consider:

       (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

       (b) Whether the release is incompatible with the welfare of society;

       (c) The seriousness of the offense and the history of criminal conduct of the prisoner; [and]

       (d) The standards adopted pursuant to NRS 213.10987 and the recommendation, if any, of the chief parole and probation officer [.] ; and

       (e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.130.

       3.  When a person is convicted of a felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his sentence pursuant to chapter 209 of NRS.

       4.  Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order that he be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he does not have a history of:

       (a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;

       (b) Repetitive criminal conduct;

       (c) Criminal conduct related to the use of alcohol or drugs;

       (d) Repetitive sexual deviance, violence or aggression; or

       (e) Failure in parole, probation, work release or similar programs.

       5.  In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

       Sec. 9.  Section 12 of Senate Bill No. 192 of this session is hereby amended to read as follows:

      Sec. 12.  NRS 213.1099 is hereby amended to read as follows:

      213.1099  1.  Except as otherwise provided in this section and NRS 213.1215, the board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.160, inclusive, and section 5 of Senate Bill No. 61 of this session.

      2.  In determining whether to release a prisoner on parole, the board shall consider:

      (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

      (b) Whether the release is incompatible with the welfare of society;

      (c) The seriousness of the offense and the history of criminal conduct of the prisoner;


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      (d) The standards adopted pursuant to NRS 213.10987 and the recommendation, if any, of the chief ; [parole and probation officer;] and

      (e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.130.

      3.  When a person is convicted of a felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his sentence pursuant to chapter 209 of NRS.

      4.  Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order [that he] to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he does not have a history of:

      (a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;

      (b) Repetitive criminal conduct;

      (c) Criminal conduct related to the use of alcohol or drugs;

      (d) Repetitive sexual deviance, violence or aggression; or

      (e) Failure in parole, probation, work release or similar programs.

      5.  In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

      6.  The board shall not release on parole a sex offender until the law enforcement agency in whose jurisdiction a sex offender will be released on parole has been provided an opportunity to give the notice required by the attorney general pursuant to section 9 of this act.

       Sec. 11.  1.  This section and sections 1, 2, 4 to 8, inclusive, and 10 of this act [becomes] become effective on July 1, 1995.

       2.  Sections 3, 9 and 9.5 of this act become effective at 12:01 a.m. on July 1, 1995.

      2.  Chapter 584, Statutes of Nevada 1995, at page 2071, is hereby amended by adding thereto a new section to be designated as section 9.5, immediately following section 9, to read as follows:

       Sec. 9.5.  Section 382 of chapter 443, Statutes of Nevada 1995, at page 1331, is hereby repealed.

      Sec. 40.  Section 20 of chapter 585, Statutes of Nevada 1995, at page 2077, is hereby amended to read as follows:

       Sec. 20.  NRS 645.633 is hereby amended to read as follows:

       645.633  The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:


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ê1997 Statutes of Nevada, Page 592 (Chapter 203, SB 359)ê

 

       1.  Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.

       2.  Violating any order of the commission, any agreement with the division, any of the provisions of this chapter, chapter 119, 119A, 119B , [or] 645A or 645C of NRS or of any regulation adopted thereunder.

       3.  Paying a commission, compensation or a finder’s fee to any person for performing the services of a broker, broker-salesman or salesman who has not first secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.

       4.  A felony, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.

       5.  Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.

       6.  [Failure to disclose to any person with whom he is dealing, any material facts, data or information which he knew, or which by the exercise of reasonable care and diligence he should have known, concerning or relating to the property with which he is dealing.

       7.]  Failure to include a fixed date of expiration in any written [listing] brokerage agreement or to leave a copy of the brokerage agreement with the [principal.

       8.] client.

       7.  Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a [principal.

       9.] client.

       8.  Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.

       [10.] 9.  Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.

       [11.] 10.  Any conduct which took place before his being licensed, which was in fact unknown to the division and which would have been grounds for denial of a license had the division been aware of the conduct.

       [12.  Acting in the dual capacity of agent and undisclosed principal in any transaction.

       13.] 11.  Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.

Action may also be taken pursuant to NRS 645.630 against a person subject to that section for the suspension or revocation of a real estate broker’s, broker-salesman’s or salesman’s license issued to him by any other jurisdiction.


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ê1997 Statutes of Nevada, Page 593 (Chapter 203, SB 359)ê

 

      Sec. 41.  1.  Sections 7, 28, 130.2, 137, 147 and 155 of chapter 587, Statutes of Nevada 1995, at pages 2123, 2125, 2165, 2168 and 2170, are hereby amended to read respectively as follows:

       Sec. 7.  In addition to the authority given the manager to determine and fix premium rates of employers pursuant to NRS 616.395 to 616.405, inclusive, the manager may by regulation establish a plan for classifying employers insured by the system who, because of the risks inherent in the businesses in which the employers are engaged, are reasonably likely to incur a greater number of claims for compensation pursuant to this chapter or chapter 617 of NRS. Upon establishing such a plan, the manager may, with the approval of the commissioner, determine and fix the premium rates of those employers.

       Sec. 28.  1.  The members of the board may meet throughout each year at the times and places specified by a call of the chairman or a majority of the board. The board may prescribe rules and regulations for its own management and government. Three members of the board constitute a quorum, and a quorum may exercise all the power and authority conferred on the board. If a member of the board submits a claim against the subsequent injury fund for associations of self-insured public or private employers, that member shall not vote on or otherwise participate in the decision of the board concerning that claim.

       2.  The board shall administer the subsequent injury fund for associations of self-insured public or private employers in accordance with the provisions of sections 29, 30 and 31 of this act.

       Sec. 130.2.  NRS 680B.027 is hereby amended to read as follows:

       680B.027  1.  Except as otherwise provided in NRS 680B.033, for the privilege of transacting business in this state, each insurer shall pay to the department of taxation a tax upon his net direct premiums and net direct considerations written at the rate of 3.5 percent.

       2.  The tax must be paid at the same time the report required by NRS 680B.030 is filed.

       3.  On or before March 1 of each year, each insurer who pursuant to subsection 1, paid or is required to pay a tax of at least $2,000 on net premiums and net direct considerations written during the preceding calendar year, shall pay to the department of taxation a prepayment of the tax imposed by subsection 1 in an amount equal to at least 50 percent of the tax he estimates he will owe pursuant to subsection 1 for that calendar year. The remainder of the prepayment of the estimated tax must be made on or before June 15 of that calendar year. The total of the prepayments must not be less than the actual tax pursuant to subsection 1 for the preceding calendar year. The department of taxation shall accept a subsequent prepayment of the estimated tax from an insurer if the insurer files with the department of taxation a statement under oath setting forth the facts requiring the additional payment.

       4.  If an overpayment of the insurer’s actual tax liability results from his prepayment of the tax pursuant to subsection 3 in the preceding year, the insurer shall apply the overpayment to the prepayment due pursuant to subsection 3 in succeeding years until the overpayment has been extinguished.


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ê1997 Statutes of Nevada, Page 594 (Chapter 203, SB 359)ê

 

prepayment due pursuant to subsection 3 in succeeding years until the overpayment has been extinguished.

       5.  Except as otherwise provided in subsection 7, if the prepayment made pursuant to subsection 3 is less than 85 percent of the tax that was actually owed by the insurer for the calendar year in which the prepayment was made, the insurer shall pay to the department of taxation:

       (a) A penalty in an amount equal to 5 percent of the underpayment; and

       (b) An administrative fine of $2,000.

       6.  Except as otherwise provided in subsection 7 and in addition to the penalty and fine provided by subsection 5:

       (a) An insurer whose prepayment is less than 85 percent of the tax that was actually owed by the insurer for the calendar year in which the prepayment was made shall pay interest on the difference between the total amount of the prepayment and 85 percent of the amount actually owed at the rate of 1.5 percent per month, or fraction of a month, from the March 1 on which the initial prepayment became due until the date of payment.

       (b) An insurer who does not make a prepayment required by subsection 3 when due shall pay interest at the rate of 1.5 percent per month, or fraction of a month, on the amount of the prepayment owed from the date on which the prepayment became due until the date of payment.

       (c) An insurer who does not make any payment of the tax imposed pursuant to this section when due shall pay interest at the rate of 1.5 percent per month, or fraction of a month, on the amount owed from the date on which the payment became due until the date of payment.

       7.  The executive director of the department of taxation may, for good cause shown, waive or reduce the penalty, fine or interest imposed by subsection 5 or 6. Any insurer seeking relief from the penalty, fine or interest must file with the department of taxation a statement under oath setting forth the facts upon which he bases his claim for relief.

       8.  The commissioner or the executive director of the department of taxation may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.

       9.  A newly admitted insurer who receives a certificate of authority after January 1 from the commissioner is not required to make a prepayment of the premium tax pursuant to subsection 3 for the year in which he is admitted. The tax for the insurer’s first calendar year must be paid at the time that the report required by NRS 680B.030 is filed.

       10.  For the purposes of this section, “insurer” includes the state industrial insurance system.

 


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ê1997 Statutes of Nevada, Page 595 (Chapter 203, SB 359)ê

 

       Sec. 137.  [Section 4 of chapter 22, Statutes of Nevada 1993, at page 43, is hereby amended to read as follows:] Section 26 of chapter 587, Statutes of Nevada 1993, at page 2457, is hereby amended to read as follows:

      Sec. 26.  Section 284.5 of Senate Bill No. 316 of this session is hereby amended to read as follows:

      Sec. 284.5.  Section 4 of Assembly Bill No. 342 of this session is hereby amended to read as follows:

      Sec. 4.  NRS 616.400 is hereby amended to read as follows:

      616.400  1.  Every employer insured by the system shall, at intervals established by the manager, furnish the system with a true and accurate payroll showing:

      (a) The total amount paid to employees for services performed;

      (b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled $20 or more; and

      (c) A segregation of employment in accordance with the requirements of the system,

together with the premium due thereon. The payroll and premium must be furnished to the system on or before the date established by the manager for the receipt of the payroll and premium.

      2.  In determining the total amount paid to employees by each employer for services performed during a calendar year, the maximum amount paid by each employer to any one employee during the calendar year shall be deemed to be [:

      (a) For the period beginning October 1, 1992, and ending December 31, 1992, the first $27,000 paid to the employee during the calendar year of 1992.

      (b) For the period beginning January 1, 1993, and ending December 31, 1993, the first $27,000 paid to the employee.

      (c) For the period beginning January 1, 1994, and ending December 31, 1994, the first $30,000 paid to the employee.

      (d) For the period beginning January 1, 1995, and ending December 31, 1995,] the first [$33,000] $36,000 paid to the employee [.] during the calendar year.

      3.  Except as otherwise provided in this subsection, any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days. If an employer’s premiums are less than $300 in a given year, the premiums must be paid at intervals established by the manager.

      4.  Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.


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      5.  If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

      6.  The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

      7.  The system may impose a penalty not to exceed 4 percent of the premiums which are due for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.

      8.  To the extent permitted by federal law, the system shall vigorously pursue the collection of premiums that are due under the provisions of this chapter even if an employer’s debts have been discharged in a bankruptcy proceeding.

       Sec. 147.  1.  NRS 616.2213, 616.2214, 616.2215, 616.2216, 616.2217, 616.2225, 616.3445, 616.383, 616.387, 616.440, 616.450, 616.455, 616.460, 616.470, 616.475, 616.517, 616.518, 617.295 and 645.553 , and sections 94, 95, 96 and 137 of chapter 580, Statutes of Nevada 1995, at pages 2028, 2029, 2030 and 2048, respectively, are hereby repealed.

       2.  Sections 158, 160 and 162 of chapter 265, Statutes of Nevada 1993, are hereby repealed.

       Sec. 155.  1.  This section and subsection 2 of section 147 of this act become effective on June 30, 1995.

       2.  Sections 1, 4.5, 5, 6, 6.5, 8, 15, 17, 23 to 33, inclusive, 38, 39, 44, 47, 48 to 54, inclusive, 57, 61, 68, 73, 76, 81 to 85, inclusive, 87 to [95,] 95.5, inclusive, 97, 99 to 103.5, inclusive, 105, 115, 116, 117, 119 to 123, inclusive, 126, 130, 133, 134, 136, 137, 137.5, 146, 146.5, subsection 1 of section 147, 148, 149, 152 and 153 of this act become effective on July 1, 1995.

       3.  Sections 45, 77, 106 and 106.5 of this act become effective at 12:01 a.m. on July 1, 1995.

       4.  Sections 7, 17.3, 17.5, 17.7, 129.5, 130.2, 130.4, and 130.6 of this act become effective on July 1, 1999.

      2.  Chapter 587, Statutes of Nevada 1995, at page 2124, is hereby amended by adding thereto new sections to be designated as sections 17.3, 17.5 and 17.7, immediately following section 17, to read respectively as follows:

       Sec. 17.3.  1.  There is hereby established as a trust fund in the state treasury the subsequent injury fund for private carriers, which may be used only to make payments in accordance with the provisions of sections 17.5 and 17.7 of this act.


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ê1997 Statutes of Nevada, Page 597 (Chapter 203, SB 359)ê

 

of sections 17.5 and 17.7 of this act. The administrator shall administer the fund.

       2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury fund for private carriers must be delivered to the custody of the state treasurer.

       3.  All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers’ compensation for employees whose employers are insured by private carriers.

       4.  The state treasurer may disburse money from the fund only upon written order of the state controller.

       5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

       6.  The administrator shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by private carriers and must be based upon expected annual expenditures for claims for payments from the subsequent injury fund for private carriers. The system must not be required to pay any assessments, payments or penalties into the subsequent injury fund for private carriers, or any costs associated with the fund.

       7.  The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any private carrier who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

       Sec. 17.5.  Except as otherwise provided in section 17.7 of this act:

       1.  If an employee of an employer who is insured by a private carrier has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury fund for private carriers in accordance with regulations adopted by the administrator.

       2.  If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury fund for private carriers in accordance with regulations adopted by the administrator.

       3.  As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed.


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unemployed. For the purposes of this section, a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the division pursuant to section 32 of this act.

       4.  To qualify under this section for reimbursement from the subsequent injury fund for private carriers, the private carrier must establish by written records that the employer had knowledge of the “permanent physical impairment” at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.

       5.  A private carrier shall notify the administrator of any possible claim against the subsequent injury fund for private carriers as soon as practicable, but not later than 100 weeks after the injury or death.

       6.  The administrator shall adopt regulations establishing procedures for submitting claims against the subsequent injury fund for private carriers. The administrator shall notify the private carrier of his decision on such a claim within 90 days after the claim is received.

       7.  An appeal of any decision made concerning a claim against the subsequent injury fund for private carriers must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.

       Sec. 17.7.  1.  A private carrier who pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the subsequent injury fund for private carriers if:

       (a) The employee knowingly made a false representation as to his physical condition at the time he was hired by the employer insured by a private carrier;

       (b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment; and

       (c) A causal connection existed between the false representation and the subsequent disability.

If the subsequent injury of the employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the subsequent injury fund for private carriers.

       2.  A private carrier shall notify the administrator of any possible claim against the subsequent injury fund for private carriers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the employer learns of the employee’s false representation, whichever is later.


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ê1997 Statutes of Nevada, Page 599 (Chapter 203, SB 359)ê

 

      3.  Chapter 587, Statutes of Nevada 1995, at page 2153, is hereby amended by adding thereto a new section to be designated as section 95.5, immediately following section 95, to read as follows:

       Sec. 95.5.  NRS 616.560 is hereby amended to read as follows:

       616.560  1.  If an injured employee or, in the event of his death, his dependents, bring an action in tort against his employer to recover payment for an injury which is compensable under this chapter or chapter 617 of NRS and, notwithstanding the provisions of NRS 616.370, receive payment from the employer for that injury:

       (a) The amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of this chapter, including any future compensation, must be reduced by the amount paid by the employer.

       (b) The insurer, or in the case of claims involving the uninsured employer’s claim fund or [the] a subsequent injury fund the administrator, has a lien upon the total amount paid by the employer if the injured employee or his dependents receive compensation pursuant to the provisions of this chapter.

This subsection is applicable whether the money paid to the employee or his dependents by the employer is classified as a gift, a settlement or otherwise. The provisions of this subsection do not grant to an injured employee any right of action in tort to recover damages from his employer for his injury.

       2.  When an employee receives an injury for which compensation is payable pursuant to the provisions of this chapter and which was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:

       (a) The injured employee, or in case of death his dependents, may take proceedings against that person to recover damages, but the amount of the compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of this chapter, including any future compensation, must be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

       (b) If the injured employee, or in case of death his dependents, receive compensation pursuant to the provisions of this chapter, the insurer, or in case of claims involving the uninsured employers’ claim fund or [the] a subsequent injury fund the administrator, has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of his dependents to recover therefor.

       3.  When an injured employee incurs an injury for which compensation is payable pursuant to the provisions of this chapter and which was caused under circumstances entitling him, or in the case of death his dependents, to receive proceeds under his employer’s policy of uninsured or underinsured vehicle coverage:


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ê1997 Statutes of Nevada, Page 600 (Chapter 203, SB 359)ê

 

       (a) The injured employee, or in the case of death his dependents, may take proceedings to recover those proceeds, but the amount of compensation the injured employee or his dependents are entitled to receive pursuant to the provisions of this chapter, including any future compensation, must be reduced by the amount of proceeds received.

       (b) If an injured employee, or in the case of death his dependents, receive compensation pursuant to the provisions of this chapter, the insurer, or in the case of claims involving the uninsured employers’ claim fund or [the] a subsequent injury fund the administrator, is subrogated to the rights of the injured employee or his dependents to recover proceeds under the employer’s policy of uninsured or underinsured vehicle coverage. The insurer and the administrator are not subrogated to the rights of an injured employee or his dependents under a policy of uninsured or underinsured vehicle coverage purchased by the employee.

       4.  In any action or proceedings taken by the insurer or the administrator pursuant to this section, evidence of the amount of compensation, accident benefits and other expenditures which the insurer, the uninsured employers’ claim fund or [the] a subsequent injury fund have paid or become obligated to pay by reason of the injury or death of the employee is admissible. If in such action or proceedings the insurer or the administrator recovers more than those amounts, the excess must be paid to the injured employee or his dependents.

       5.  In any case where the insurer or the administrator is subrogated to the rights of the injured employee or of his dependents as provided in subsection 2 or 3, the insurer or the administrator has a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his death his dependents, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

       6.  The lien provided for under subsection 1 or 5 includes the total compensation expenditure incurred by the insurer, the uninsured employers’ claim fund or [the] a subsequent injury fund for the injured employee and his dependents.

       7.  An injured employee, or in the case of death his dependents, shall notify the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, in writing before initiating a proceeding or action pursuant to this section.

       8.  Within 15 days after the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise:

       (a) The injured employee or his dependents, or the attorney or representative of the injured employee or his dependents; and

       (b) The third-party insurer,

shall notify the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, of the recovery and pay to the insurer or the administrator, respectively, the amount due under this section together with an itemized statement showing the distribution of the total recovery.


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ê1997 Statutes of Nevada, Page 601 (Chapter 203, SB 359)ê

 

of the recovery and pay to the insurer or the administrator, respectively, the amount due under this section together with an itemized statement showing the distribution of the total recovery. The attorney or representative of the injured employee or his dependents and the third-party insurer are jointly and severally liable for any amount to which an insurer is entitled pursuant to this section if the attorney, representative or third-party insurer has knowledge of the lien provided for in this section.

       9.  An insurer shall not sell its lien to a third-party insurer unless the injured employee or his dependents, or the attorney or representative of the injured employee or his dependents, refuses to provide to the insurer information concerning the action against the third party.

       10.  In any trial of an action by the injured employee, or in the case of his death by his dependents, against a person other than the employer or a person in the same employ, the jury must receive proof of the amount of all payments made or to be made by the insurer or the administrator. The court shall instruct the jury substantially as follows:

 

      Payment of workmen’s compensation benefits by the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the administrator, is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault. If the plaintiff does not obtain a judgment in his favor in this case, he is not required to repay his employer, the insurer or the administrator any amount paid to him or paid on his behalf by his employer, the insurer or the administrator.

      If you decide that the plaintiff is entitled to judgment against the defendant, you shall find his damages in accordance with the court’s instructions on damages and return your verdict in the plaintiff’s favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which any compensation benefits will be repaid from your award.

 

       11.  For the purposes of calculating an employer’s premium, the employer’s account with the system must be credited with an amount equal to that recovered by the system from a third party pursuant to this section, less the system’s share of the expenses of litigation incurred in obtaining the recovery, except that the total credit must not exceed the amount of compensation actually paid or reserved by the system on the injured employee’s claim.

       12.  As used in this section, “third-party insurer” means an insurer that issued to a third party who is liable for damages pursuant to subsection 2, a policy of liability insurance the proceeds of which are recoverable pursuant to this section. The term includes an insurer that issued to an employer a policy of uninsured or underinsured vehicle coverage.


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ê1997 Statutes of Nevada, Page 602 (Chapter 203, SB 359)ê

 

      4.  Chapter 587, Statutes of Nevada 1995, at page 2169, is hereby amended by adding thereto a new section to be designated as section 137.5, immediately following section 137, to read as follows:

       Sec. 137.5.  Section 106.5 of chapter 265, Statutes of Nevada 1993, at page 699, is hereby amended to read as follows:

      Sec. 106.5.  NRS 616.180 is hereby amended to read as follows:

      616.180  1.  The system may [, pursuant to the approval of the governor,] invest not to exceed 10 percent of the total assets of the state insurance fund in rehabilitation buildings and facilities and facilities and office buildings in this state. The system shall cooperate with the state public works board in all planning and construction undertaken by the system pursuant to this section. The system may occupy whatever room or rooms are necessary for the performance of its duties, and any such buildings or portions thereof not occupied by the system may be rented only to other state agencies, departments, commissions, bureaus and officers.

      2.  The title of any real property purchased under the authority granted by subsection 1 must be examined and approved by the attorney general.

      3.  Any income derived from rentals must be accounted for separately and deposited in the appropriate account of the system.

      4.  The system may [, pursuant to the approval of the governor,] sell any real property acquired by it pursuant to the provisions of subsection 1. All money received by the system for the sale of such real property must be deposited in the state insurance fund.

      5.  Chapter 587, Statutes of Nevada 1995, at page 2170, is hereby amended by adding thereto a new section to be designated as section 146.5, immediately following section 146, to read as follows:

       Sec. 146.5.  Section 88 of chapter 580, Statutes of Nevada 1995, at page 2025, is hereby amended to read as follows:

      Sec. 88.  NRS 616.400 is hereby amended to read as follows:

      616.400  1.  Every employer insured by the system shall, at intervals established by the manager, furnish the system with a true and accurate payroll showing:

      (a) The total amount paid to employees for services performed;

      (b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled $20 or more; and

      (c) A segregation of employment in accordance with the requirements of the system,

together with the premium due thereon. The payroll and premium must be furnished to the system on or before the date established by the manager for the receipt of the payroll and premium.

      2.  [In determining the total amount paid to employees by each employer for services performed during a calendar year, the maximum amount paid by each employer to any one employee during the calendar year shall be deemed to be the first $36,000 paid to the employee during the calendar year.


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ê1997 Statutes of Nevada, Page 603 (Chapter 203, SB 359)ê

 

      3.  Except as otherwise provided in this subsection, any] Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance [for a period of more than 60 days. If an employer’s premiums are less than $300 in a given year, the premiums must be paid at intervals] at an interval established by the manager.

      [4.] 3.  Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.

      [5.] 4.  If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.

      [6.] 5.  The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

      [7.] 6.  The system may impose a penalty not to exceed [4] 10 percent of the premiums which are due for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.

      [8.] 7.  To the extent permitted by federal law, the system shall vigorously pursue the collection of premiums that are due under the provisions of this chapter even if an employer’s debts have been discharged in a bankruptcy proceeding.

      Sec. 42.  Section 8 of chapter 589, Statutes of Nevada 1995, at page 2176, is hereby amended to read as follows:

       Sec. 8.  NRS 598.0999 is hereby amended to read as follows:

       598.0999  1.  A person who violates any court order or injunction issued pursuant to NRS 598.0903 to 598.0997, inclusive, and section 3 of this act, upon a complaint brought by the commissioner, the director, the district attorney of any county of this state or the attorney general shall forfeit and pay to the state general fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing any such order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0997, inclusive.

       2.  In any action brought pursuant to NRS 598.0979 to 598.099, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the commissioner, the director, the district attorney of any county in this state or the attorney general bringing the action may recover a civil penalty not to exceed $2,500 for each violation.


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ê1997 Statutes of Nevada, Page 604 (Chapter 203, SB 359)ê

 

action may recover a civil penalty not to exceed $2,500 for each violation.

       3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

       (a) For the first offense, is guilty of a misdemeanor.

       (b) For the second offense, is guilty of a gross misdemeanor.

       (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

       4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

       5.  If a person violates any provision of NRS 598.0903 to 598.0999, 598.100 to 598.280, inclusive, 598.281 to 598.289, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

       (a) The suspension of the person’s privilege to conduct business within this state; or

       (b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.

      Sec. 43.  Section 8 of chapter 590, Statutes of Nevada 1995, at page 2183, is hereby amended to read as follows:

       Sec. 8.  NRS 482.181 is hereby amended to read as follows:

       482.181  1.  Except as otherwise provided in subsection [4,] 5, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

       2.  Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and section 1 of [this act.] chapter 717, Statutes of Nevada 1995.

       3.  The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies and tax increment areas, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county’s general fund. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.


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ê1997 Statutes of Nevada, Page 605 (Chapter 203, SB 359)ê

 

for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

       4.  The tax rate for the fiscal year beginning on July 1, 1980, of an unincorporated town created after July 1, 1980, for which the Nevada tax commission establishes the allowed revenue from taxes ad valorem or basic ad valorem revenue pursuant to subsection 4 of NRS 354.5987 shall be deemed to be the average tax rate levied for the fiscal year beginning on July 1, 1980, by other unincorporated towns included in the same common levy authorized by NRS 269.5755 which were in existence on July 1, 1980.

       5.  An amount equal to any basic privilege tax distributed to a redevelopment agency or tax increment area in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.

       [5.] 6.  Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.

       [6.] 7.  The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.

      Sec. 44.  Section 2 of chapter 598, Statutes of Nevada 1995, at page 2220, is hereby amended to read as follows:

       Sec. 2.  NRS 217.220 is hereby amended to read as follows:

       217.220  1.  Except as otherwise provided in subsections 2, 3 and 4, compensation must not be awarded if the victim:

       (a) [Is a relative of the offender;

       (b) Was, at the time of the personal injury or death of the victim, living with the offender in a continuing relationship;

       (c)] Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the driver of the vehicle [was used in violation] injured a pedestrian, violated any of the provisions of NRS 484.379 or [its] the use of the vehicle was punishable pursuant to NRS 484.3795;

       [(d)] (b) Was not a resident of the State of Nevada at the time the incident upon which the claim is based occurred [;

       (e)] or he is unable to provide proof that he was a resident at that time;

       (c) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim’s injuries; or

       [(f)] (d) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.


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ê1997 Statutes of Nevada, Page 606 (Chapter 203, SB 359)ê

 

       2.  [The provisions of paragraphs (a) and (b)] Paragraph (a) of subsection 1 [do] does not apply to a minor who was [:

       (a) Involved in the production of pornography in violation of NRS 200.710, 200.720 or 200.730 or section 2 of this act;

       (b) A victim of sexual abuse, as that term is defined in NRS 432B.100; or

       (c) Physically] physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795.

       3.  A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if:

       (a) The offender would not profit by the compensation of the victim; and

       (b) The offender was not in violation of NRS 484.379 or punishable pursuant to NRS 484.3795.

       4.  The compensation officer may deny an award if he determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:

       (a) The value of the victim’s dwelling;

       (b) The value of one motor vehicle owned by the victim; or

       (c) The savings and investments of the victim up to an amount equal to the victim’s annual salary.

       5.  As used in this section, “resident” means a person who:

       (a) Is a citizen of the United States or who is lawfully entitled to reside in the United States; and

       (b) During the 6 weeks preceding the date of the crime was:

             (1) Domiciled in this state; and

             (2) Physically present in this state, except for any temporary absence.

      Sec. 45.  1.  Section 2 of chapter 601, Statutes of Nevada 1995, at page 2225, is hereby amended to read as follows:

       Sec. 2.  NRS 278.010 is hereby amended to read as follows:

       278.010  As used in NRS 278.010 to 278.630, inclusive, section 1 of Assembly Bill No. 597 of this session , [and] section 1 of chapter 433, Statutes of Nevada 1995, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.011 to 278.0195, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      2.  Chapter 601, Statutes of Nevada 1995, at page 2229, is hereby amended by adding thereto a new section to be designated as section 11, immediately following section 10, to read as follows:

       Sec. 11.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1995.

      Sec. 46.  Section 6 of chapter 603, Statutes of Nevada 1995, at page 2233, is hereby amended to read as follows:

       Sec. 6.  1.  In addition to the relocation benefits provided pursuant to section 5 of this act, each person who is displaced from his business establishment as a result of the acquisition of property by an agency created pursuant to chapter 279 of NRS or by any person or entity acting on behalf of, in cooperation with or under contract with such an agency, and whose lease of the premises on which the establishment is situated is terminated as a consequence of the acquisition, must be paid:

 


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ê1997 Statutes of Nevada, Page 607 (Chapter 203, SB 359)ê

 

business establishment as a result of the acquisition of property by an agency created pursuant to chapter 279 of NRS or by any person or entity acting on behalf of, in cooperation with or under contract with such an agency, and whose lease of the premises on which the establishment is situated is terminated as a consequence of the acquisition, must be paid:

       (a) The actual, reasonable and necessary costs of alterations and other physical changes that are required to be made to a new location to render it suitable for the operation of the business;

       (b) The actual, reasonable and necessary costs of modifications made to machinery, equipment and other personal property moved to the new location which were necessary for the operation of the business, except that such costs must not exceed the acquisition cost of the machinery, equipment and other personal property less accumulated depreciation;

       (c) The prorated fees for any licenses, permits or certifications that must be obtained for the business to operate in the new location;

       (d) The actual, reasonable and necessary fees for professional services incurred in connection with the acquisition of a replacement site, including the services of architects, appraisers, attorneys, engineers, realtors and other consultants; and

       (e) A sum equal to:

             (1) An amount which, when added to the amount that the tenant formerly paid in rent, will enable him to rent or lease a comparable business location on the current market for a term equal to the period that would have remained on his lease if it had not been terminated as a result of the acquisition of the property or 3 years, whichever is greater; or

             (2) The fair market value of the business as determined in accordance with subsection 6 of NRS 37.009 if the business owner is unable to relocate his business establishment to a comparable new location because of the operation of a governmental ordinance, regulation or restriction or because a comparable business location is not available.

       2.  The provisions of this section do not apply to month-to-month tenancies.

       3.  The provisions of this section do not apply to a business which executes an initial lease within 1 year before the approval of a development agreement or other similar action of a governmental body identifying the property that will be acquired, unless the business is renewing a lease on a site that it has occupied for more than 1 year before the identification of the property that will be acquired.

       4.  A governmental body may adopt ordinances or regulations or take any other appropriate action which allows a business to be relocated to a comparable business location.

       5.  As used in this section, “comparable business location” means a location that is decent, safe and sanitary, adequate in size for the needs of the displaced business, functionally equivalent for the purposes of the displaced business and located in an area not subject to unreasonably adverse environmental conditions.


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ê1997 Statutes of Nevada, Page 608 (Chapter 203, SB 359)ê

 

the displaced business and located in an area not subject to unreasonably adverse environmental conditions.

       6.  Nothing contained in this section requires a governmental body to relocate a business to a location in a redevelopment area or an area similar to a redevelopment area, or to provide the benefits that a location in a redevelopment area would provide.

      Sec. 47.  Sections 4, 31 and 49 of chapter 608, Statutes of Nevada 1995, at pages 2256, 2269 and 2281, respectively, are hereby amended to read respectively as follows:

       Sec. 4.  1.  A person who works in a voter registration agency shall not:

       (a) Seek to influence an applicant’s political preference or party registration;

       (b) Display a political preference or party allegiance in a place where it can be seen by an applicant;

       (c) Make any statement or take any action to discourage an applicant from registering to vote; or

       (d) Make any statement or take any action which would lead the applicant to believe that a decision to register to vote has any effect on the availability of any services or benefits provided by the state or Federal Government.

       2.  A person who violates any of the provisions of this section is guilty of a felony.

       3.  A person found guilty of a felony pursuant to this section shall be punished by imprisonment in the state prison for a definite term of not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite period of time for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

       Sec. 31.  NRS 293.505 is hereby amended to read as follows:

       293.505  1.  All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

       2.  The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.

       3.  A field registrar shall demand of any person who applies for registration all information required by the [affidavit of registration,] application to register to vote and shall administer all oaths required by this chapter.

       4.  When a field registrar has in his possession five or more completed [affidavits of registration,] applications to register to vote he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.


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ê1997 Statutes of Nevada, Page 609 (Chapter 203, SB 359)ê

 

shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.

       5.  Immediately after the close of registration, each field registrar shall forward to the county clerk all completed [affidavits] applications in his possession. Within 5 days after the close of registration for a general election or general city election, a field registrar shall return all unused [affidavits] applications in his possession to the county clerk. If all of the unused [affidavits] applications are not returned to the county clerk, the field registrar shall account for the unreturned [affidavits.] applications.

       6.  Each field registrar shall submit to the county clerk a list of the serial numbers of the completed [affidavits of registration] applications to register to vote and the names of the electors on those [affidavits.] applications. The serial numbers must be listed in numerical order.

       7.  Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.

       8.  A field registrar shall not:

       (a) Delegate any of his duties to another person; or

       (b) Refuse to register a person on account of that person’s political party affiliation.

       9.  A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.

       10.  A county clerk or field registrar shall not:

       (a) Solicit a vote for or against a particular question or candidate;

       (b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or

       (c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

while he is registering an elector.

       11.  When the county clerk receives [affidavits of registration] applications to register to vote from a field registrar he shall issue a receipt to the field registrar. The receipt must include:

       (a) The number of persons registered; and

       (b) The political party of the persons registered.

       12.  A county clerk or field registrar shall not:

       (a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading [affidavit of registration;] application to register to vote;

       (b) Alter or deface an [affidavit of registration] application to register to vote that has been signed by an elector except to correct information contained in the [affidavit] application after receiving notice from the elector that a change in or addition to the information is required; or

       (c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.

       13.  If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.


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ê1997 Statutes of Nevada, Page 610 (Chapter 203, SB 359)ê

 

       14.  A person who violates any of the provisions of subsections 8 to 12, inclusive, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

       Sec. 49.  NRS 293.800 is hereby amended to read as follows:

       293.800  1.  A person who, either for himself or another, willfully gives a false answer or answers to questions propounded to him by the registrar or field registrar of voters relating to the information called for by the [affidavit of registration,] application to register to vote, or who willfully falsifies his [affidavit of registration] application in any particular, or who violates any of the provisions of the election laws of this state, or knowingly encourages another to violate such laws is guilty of a category D felony and shall be punished as provided in NRS 193.130.

       2.  A public officer or other person, upon whom any duty is imposed by this Title, who willfully neglects his duty, or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this state, [is,] except where some other penalty is provided, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

       3.  If the person is a public officer, his office is forfeited upon conviction of any offense provided for in subsection 2.

       4.  A person who causes or endeavors to cause his name to be registered, knowing that he is not an elector or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he causes or endeavors to cause the registration to be made, and any other person who induces, aids, or abets the person in the commission of either of the acts is guilty of a category D felony and shall be punished as provided in NRS 193.130.

       5.  A field registrar or other person who:

       (a) Knowingly falsifies [a registration form,] an application to register to vote or knowingly causes [such a form] an application to be falsified; or

       (b) Knowingly provides money or other compensation to another for a falsified [registration form,] application to register to vote,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 48.  Section 9 of chapter 611, Statutes of Nevada 1995, at page 2293, is hereby amended to read as follows:

       Sec. 9.  NRS 178.484 is hereby amended to read as follows:

       178.484  1.  Except as otherwise provided in [subsection 5,] this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

       2.  A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

       (a) A court issues an order directing that the person be admitted to bail;

       (b) The state board of parole commissioners directs the detention facility to admit the person to bail; or


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       (c) The division of parole and probation of the department of motor vehicles and public safety directs the detention facility to admit the person to bail.

       3.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

       [3.] 4.  A person arrested for a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, must not be admitted to bail sooner than 12 hours after his arrest.

       [4.] 5.  The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

       [5.] 6.  Before a person may be admitted to bail, he must sign a document stating that:

       (a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

       (b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and

       (c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

      Sec. 49.  Section 11 of chapter 615, Statutes of Nevada 1995, at page 2307, is hereby amended to read as follows:

       Sec. 11.  Section 19 of Assembly Bill No. 677 of this session is hereby amended to read as follows:

      Sec. 19.  NRS 481.053 is hereby amended to read as follows:

      481.053  1.  The governor shall appoint the peace officers’ standards and training committee.

      2.  The committee consists of seven members, one appointed from Clark County, one from Washoe County, three from any other counties, one from category II peace officers and one from category III peace officers. Members serve terms of 2 years from the date of appointment. Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.

      3.  The governor shall make the appointments from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this state, category II peace officers and category III peace officers.

      4.  The committee shall:


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      (a) Meet at the call of the chairman, who must be elected by the members of the committee.

      (b) Provide for and encourage the training and education of peace officers in order to improve the system of criminal justice.

      (c) Adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers.

      (d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.

      (e) Carry out the duties required of the committee pursuant to NRS 432B.610 and 432B.620.

      5.  Regulations adopted by the committee:

      (a) Apply to all agencies of the state and of local governments which employ persons as peace officers;

      (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and

      (c) May require that training be carried on at institutions which it approves in those regulations.

      6.  The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.

      7.  As used in this section:

      (a) “Category II peace officer” means:

             (1) The bailiff of the supreme court;

             (2) The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

             (3) Constables and their deputies whose official duties require them to carry weapons and make arrests;

             (4) Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement conferred by chapters 704, 705 and 706 of NRS;

             (5) Parole and probation officers;

             (6) Special investigators who are employed full time by the office of any district attorney or the attorney general;

             (7) Investigators of arson for fire departments who are specially designated by the appointing authority;

             (8) The assistant and deputies of the state fire marshal;

             (9) The brand inspectors of the division of agriculture of the department of business and industry who exercise the powers of enforcement conferred in chapter 565 of NRS;

             (10) Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;

             (11) School police officers employed by the board of trustees of any county school district;


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             (12) Agents of the state gaming control board who exercise the powers of enforcement specified in NRS 281.0353, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

             (13) Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.048;

             (14) Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;

             (15) Legislative police officers of the State of Nevada;

             (16) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140;

             (17) Parole counselors of the division of child and family services of the department of human resources;

             (18) Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada or by a department of family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

             (19) Field investigators of the taxicab authority; [and]

             (20) Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests [.] ; and

             (21) The chief of a department of alternative sentencing created pursuant to section 9 of this act and the assistant alternative sentencing officers employed by that department.

      (b) “Category III peace officer” means peace officers whose authority is limited to correctional services, and includes the superintendents and correctional officers of the department of prisons.

      Sec. 50.  1.  Chapter 616, Statutes of Nevada 1995, at page 2310, is hereby amended by adding thereto new sections to be designated as sections 1.3, 1.5 and 1.7, immediately following section 1, to read respectively as follows:

       Sec. 1.3.  NRS 286.160 is hereby amended to read as follows:

       286.160  1.  The board shall employ an executive officer who serves at the pleasure of the board. The executive officer shall select an operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst whose appointments are effective upon confirmation by the board. The operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst serve at the pleasure of the executive officer.


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       2.  The executive officer, operations officer, investment officer, manager of information systems, administrative assistant and administrative analyst are entitled to annual salaries fixed by the board with the approval of the interim retirement committee of the legislature. The salaries of these employees are exempt from the limitations of NRS 281.123.

       3.  The executive officer must:

       (a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.

       (b) Possess at least 5 years’ experience in a high level administrative or executive capacity, including responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.

       4.  The operations officer and the investment officer must each be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.

       5.  [The] Except as otherwise provided in section 1 of this act, the executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.

       Sec. 1.5.  NRS 210.070 is hereby amended to read as follows:

       210.070  1.  [The] Except as otherwise provided in section 1 of this act, the superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.

       2.  He shall be the executive and administrative head of the school, subject to administrative supervision by the administrator, and as such shall have the following powers and duties:

       (a) To exercise general supervision of and make and revise rules and regulations for the government of the school.

       (b) To make and revise rules and regulations for the preservation of order and the enforcement of discipline.

       (c) To be responsible for and to supervise the fiscal affairs and responsibilities of the school, and to purchase such supplies and equipment as may be necessary from time to time.

       (d) To make quarterly reports to the administrator, and to supply the administrator with material on which to base proposed legislation.

       (e) To keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

       (f) To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 210.010 to 210.290, inclusive.

       (g) To submit a biennial report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the administrator of the condition, operation and functioning of the school, and anticipated needs of the school.


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ê1997 Statutes of Nevada, Page 615 (Chapter 203, SB 359)ê

 

the administrator of the condition, operation and functioning of the school, and anticipated needs of the school.

       (h) To keep the public informed in regard to the activities and operation of the school, and to disseminate other information which will acquaint the public with juvenile correctional problems.

       (i) To designate a person or persons to classify and assign juveniles to programs in the school. The program assignment shall be made on the following basis:

             (1) As soon as practicable after an individual is received, and in any case no later than the expiration of the first 30 days, his file shall be studied and he shall be interviewed and a determination made as to the program of education, employment, training, treatment, care and custody appropriate for him. A record of such program assignment shall be made and shall be a part of his written record file. A staff member shall be designated for each individual as his staff counselor.

             (2) The program assignment shall be reviewed at least once every 3 months and the individual shall be interviewed if it is deemed desirable or if he so requests. After review, such changes in his program of education, employment, training, treatment, care and custody may be made as are considered necessary or desirable and a record thereof made a part of the file. If the individual requests a change in his program and such request is denied, the basis for denial shall be given to him and a written statement thereof shall be made a part of his file.

             (3) The basic objective of the program assignment is to change the behavior, attitude and thinking of the individual so that he can once again function freely in his normal environment.

       Sec. 1.7.  NRS 210.480 is hereby amended to read as follows:

       210.480  1.  [The] Except as otherwise provided in section 1 of this act, the superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.

       2.  He is the executive and administrative head of the school, subject to administrative supervision by the administrator, and as such shall:

       (a) Exercise general supervision of and make and revise rules and regulations for the government of the school.

       (b) Make and revise rules and regulations for the preservation of order and the enforcement of discipline.

       (c) Be responsible for and supervise the fiscal affairs and responsibilities of the school, and purchase such supplies and equipment as may be necessary from time to time.

       (d) Make quarterly reports to the administrator, and supply the administrator with material on which to base proposed legislation.

       (e) Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.


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ê1997 Statutes of Nevada, Page 616 (Chapter 203, SB 359)ê

 

       (f) Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 210.400 to 210.715, inclusive.

       (g) Submit a biennial report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the administrator of the condition, operation and functioning of the school, and anticipated needs of the school.

       (h) Keep the public informed in regard to the activities and operation of the school, and disseminate other information which will acquaint the public with juvenile correctional problems.

       (i) Designate a person or persons to classify and assign juveniles to programs in the school. The program assignment shall be made on the following basis:

             (1) As soon as practicable after a person is received, and in any case no later than the expiration of the first 30 days, his file must be studied and he must be interviewed and a determination made as to the program of education, employment, training, treatment, care and custody appropriate for him. A record of such program assignment must be made and must be a part of his written record file. A staff member must be designated for each person as his staff counselor.

             (2) The program assignment must be reviewed at least once every 3 months and the person must be interviewed if it is deemed desirable or if he so requests. After review, such changes in his program of education, employment, training, treatment, care and custody may be made as are considered necessary or desirable and a record thereof made a part of the file. If the person requests a change in his program and the request is denied, the basis for denial must be given to him and a written statement thereof must be made a part of his file.

             (3) The basic objective of the program assignment must be to change the behavior, attitude and thinking of the person so that he can once again function freely in his normal environment.

      2.  Chapter 616, Statutes of Nevada 1995, at page 2310, is hereby amended by adding thereto new sections to be designated as sections 2.1 to 2.7, inclusive, immediately following section 2, to read respectively as follows:

       Sec. 2.1.  NRS 223.085 is hereby amended to read as follows:

       223.085  [Employees] Except as otherwise provided in section 1 of this act, employees in the governor’s office in the unclassified service of the state shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.

       Sec. 2.2.  NRS 225.060 is hereby amended to read as follows:

       225.060  1.  The secretary of state may, under his hand and seal, appoint deputies in the unclassified service of the state, who may, during his absence from the office, perform all the duties of a ministerial nature belonging to the office.

       2.  For his own security, the secretary of state may require each deputy to give him a bond in such sum and with such sureties as he may deem sufficient.


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       3.  [Such] Except as otherwise provided in section 1 of this act, such deputies shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other office of profit.

       Sec. 2.3.  NRS 226.100 is hereby amended to read as follows:

       226.100  1.  The state treasurer may appoint and employ a chief deputy and a deputy cashier in the unclassified service of the state.

       2.  [The] Except as otherwise provided in section 1 of this act, the chief deputy state treasurer and deputy cashier shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.

       Sec. 2.4.  NRS 227.100 is hereby amended to read as follows:

       227.100  1.  The state controller may appoint a deputy in the unclassified service of the state, who may, in the absence of the state controller, do all acts devolving upon and necessary to be performed by the state controller, except the signing of state warrants and bonds.

       2.  [The] Except as otherwise provided in section 1 of this act, the deputy state controller and other employees shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other offices of profit.

       Sec. 2.5.  NRS 228.320 is hereby amended to read as follows:

       228.320  1.  The attorney general shall appoint the consumer’s advocate for a term of 4 years. The consumer’s advocate is in the unclassified service of the state. The person appointed:

       (a) Must be knowledgeable in the various areas of the regulation of public utilities;

       (b) Must be independent of and have no pecuniary interest in any utility or industry regulated by the public service commission of Nevada;

       (c) [Shall] Except as otherwise provided in section 1 of this act, shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit; and

       (d) Must not be a member of any political convention or a member of any committee of any political party.

       2.  The attorney general may remove the consumer’s advocate from office for inefficiency, neglect of duty or malfeasance in office.

       Sec. 2.6.  NRS 231.080 is hereby amended to read as follows:

       231.080  The executive director of the commission on economic development:

       1.  Must be appointed by the governor from a list of three persons submitted to the governor by the commission. The person appointed as executive director must have had successful experience in the administration and promotion of a program comparable to that provided in NRS 231.020 to 231.130, inclusive.

       2.  Is responsible to the commission and serves at its pleasure.

       3.  Shall , except as otherwise provided in section 1 of this act, devote his entire time to the duties of his office, and he shall not follow any other gainful employment or occupation.


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       Sec. 2.7.  NRS 231.210 is hereby amended to read as follows:

       231.210  The executive director of the commission on tourism:

       1.  Must be appointed by the governor from a list of three persons submitted to him by the commission.

       2.  Is responsible to the commission and serves at its pleasure.

       3.  Shall , except as otherwise provided in section 1 of this act, devote his entire time to the duties of his office, and he shall not follow any other gainful employment or occupation.

      3.  Chapter 616, Statutes of Nevada 1995, at page 2312, is hereby amended by adding thereto a new section to be designated as section 12.5, immediately following section 12, to read as follows:

       Sec. 12.5.  NRS 233A.055 is hereby amended to read as follows:

       233A.055  1.  The governor, upon recommendation of the commission, shall appoint an executive director of the commission who has had successful experience in the administration and promotion of a program comparable to that provided by this chapter.

       2.  The executive director of the commission is in the unclassified service of the state.

       3.  [The] Except as otherwise provided in section 1 of this act, the executive director of the commission shall devote his entire time to the duties of his office and shall not follow any other gainful employment or occupation.

      4.  Chapter 616, Statutes of Nevada 1995, at page 2314, is hereby amended by adding thereto a new section to be designated as section 15.5, immediately following section 15, to read as follows:

       Sec. 15.5.  NRS 385.320 is hereby amended to read as follows:

       385.320  The deputy superintendent of instructional, research and evaluative services and the deputy superintendent for administrative and fiscal services:

       1.  Are in the unclassified service of the state.

       2.  [Shall] Except as otherwise provided in section 1 of this act, shall each devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      5.  Chapter 616, Statutes of Nevada 1995, at page 2314, is hereby amended by adding thereto new sections to be designated as sections 17.3, 17.5 and 17.7, immediately following section 17, to read respectively as follows:

       Sec. 17.3.  NRS 408.175 is hereby amended to read as follows:

       408.175  1.  The director shall:

       (a) Appoint one deputy director who in the absence, inability or failure of the director has full authority to perform any duty required or permitted by law to be performed by the director.

       (b) Employ such engineers, engineering and technical assistants, clerks and other personnel as in his judgment may be necessary to the proper conduct of the department and to carry out the provisions of this chapter.

       2.  [The] Except as otherwise provided in section 1 of this act, the deputy director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.


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ê1997 Statutes of Nevada, Page 619 (Chapter 203, SB 359)ê

 

of his office and shall not pursue any other business or occupation or hold any other office of profit.

       Sec. 17.5.  NRS 412.046 is hereby amended to read as follows:

       412.046  [The] Except as otherwise provided in section 1 of this act, the adjutant general shall not hold any city, county, state or federal office of profit while serving as adjutant general.

       Sec. 17.7.  NRS 412.054 is hereby amended to read as follows:

       412.054  1.  The adjutant general may appoint two assistant adjutants general, one each from the Nevada Army National Guard and the Nevada Air National Guard, who may serve as chief of staff for army and chief of staff for air, respectively, at the pleasure of the adjutant general or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.

       2.  To be eligible for appointment to the office of assistant adjutant general, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 years’ service in the Nevada National Guard as a federally recognized officer, 3 years of which must be immediately before his appointment.

       3.  An assistant adjutant general may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of brigadier general. He may be promoted by the governor to any grade not exceeding that of brigadier general.

       4.  The assistant adjutants general shall perform such duties as may be assigned by the adjutant general.

       5.  Whoever serves as chief of staff for army is in the unclassified service of the state and , except as otherwise provided in section 1 of this act, shall not hold any other city, county, state or federal office of profit.

       6.  In the event of the absence or inability of the adjutant general to perform his duties, he shall designate by office regulations:

       (a) One of the assistant adjutants general to perform the duties of his office as acting adjutant general.

       (b) If neither assistant adjutant general is available, any national guard officer to be the acting adjutant general.

The designated assistant adjutant general or designated officer may continue to receive his authorized salary while so serving as acting adjutant general, and shall so serve until the adjutant general is again able to perform the duties of his office, or if the office is vacant, until an adjutant general is regularly appointed and qualified.

      6.  Chapter 616, Statutes of Nevada 1995, at page 2315, is hereby amended by adding thereto new sections to be designated as sections 21.3 and 21.5, immediately following section 21, to read respectively as follows:

       Sec. 21.3.  NRS 463.060 is hereby amended to read as follows:

       463.060  1.  [Each] Except as otherwise provided in section 1 of this act, each member shall devote his entire time and attention to the business of the board and shall not pursue any other business or occupation or hold any other office of profit.


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ê1997 Statutes of Nevada, Page 620 (Chapter 203, SB 359)ê

 

       2.  A member shall not be:

       (a) A member of any political convention.

       (b) A member of any committee of any political party, or engage in any party activities.

       3.  A member shall not be pecuniarily interested in any business or organization holding a gaming license under this chapter or doing business with any person or organization licensed under this chapter.

       4.  Before entering upon the duties of his office, each member shall subscribe to the constitutional oath of office and, in addition, swear that he is not pecuniarily interested in any business or organization holding a gaming license or doing business with any such person or organization. The oath of office shall be filed in the office of the secretary of state.

       Sec. 21.5.  NRS 463.085 is hereby amended to read as follows:

       463.085  1.  The position of executive secretary of the state gaming control board and of the Nevada gaming commission is hereby created.

       2.  The executive secretary:

       (a) Is appointed by the board with the approval of the commission, and may be removed by the board with the concurrence of the commission.

       (b) Is responsible for the conduct of the commission’s administrative matters and shall assist the board in administrative matters.

       (c) Shall , except as otherwise provided in section 1 of this act, devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

       3.  The executive secretary is entitled to an annual salary in the amount specified by the commission within the limits of legislative appropriations or authorizations.

      7.  Chapter 616, Statutes of Nevada 1995, at page 2316, is hereby amended by adding thereto new sections to be designated as sections 26.3 and 26.5, immediately following section 26, to read respectively as follows:

       Sec. 26.3.  NRS 538.133 is hereby amended to read as follows:

       538.133  1.  The commission shall appoint a director.

       2.  The director is in the unclassified service of the state.

       3.  [The] Except as otherwise provided in section 1 of this act, the director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

       Sec. 26.5.  NRS 538.137 is hereby amended to read as follows:

       538.137  1.  The director shall appoint a deputy director and shall designate his duties.

       2.  The deputy director of the commission is in the unclassified service of the state.


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       3.  [The] Except as otherwise provided in section 1 of this act, the deputy director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      8.  Chapter 616, Statutes of Nevada 1995, at page 2318, is hereby amended by adding thereto a new section to be designated as section 34.5, immediately following section 34, to read as follows:

       Sec. 34.5.  NRS 679B.020 is hereby amended to read as follows:

       679B.020  1.  The chief officer of the division is the commissioner appointed as provided in NRS 232.820.

       2.  The commissioner shall not:

       (a) [Engage] Except as otherwise provided in section 1 of this act, engage in any other occupation, business or activity that is in any way inconsistent with the performance of his duties as commissioner;

       (b) Hold any other public office;

       (c) Directly or indirectly solicit or receive, or be in any manner concerned with soliciting or receiving, any assessment, subscription, contribution or service, whether voluntary or involuntary, for any political purpose whatever, from any person within or without the state; or

       (d) Act as an officer or manager for any candidate, political party or committee organized to promote the candidacy or any person for any public office.

      9.  Chapter 616, Statutes of Nevada 1995, at page 2318, is hereby amended by adding thereto a new section to be designated as section 35.5, immediately following section 35, to read as follows:

       Sec. 35.5.  NRS 703.040 is hereby amended to read as follows:

       703.040  1.  All of the commissioners shall be persons who are independent of the industries regulated by the commission and who possess demonstrated competence.

       2.  No commissioner may be pecuniarily interested in any public utility in this state or elsewhere.

       3.  [The] Except as otherwise provided in section 1 of this act, the commissioners shall give their entire time to the business of the commission and shall not pursue any other business or vocation or hold any other office of profit.

       4.  No commissioner may be a member of any political convention or a member of any committee of any political party.

      Sec. 51.  1.  Sections 7, 9, 10 and 14 of chapter 621, Statutes of Nevada 1995, at pages 2345, 2346 and 2349, are hereby amended to read respectively as follows:

       Sec. 7.  NRS 41A.023 is hereby amended to read as follows:

       41A.023  1.  [The] For cases involving medical or dental malpractice, the board of governors of the Nevada Trial Lawyers Association may designate 40 of its members to serve on the northern tentative screening panel and 60 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.


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ê1997 Statutes of Nevada, Page 622 (Chapter 203, SB 359)ê

 

       2.  [The] For cases involving medical malpractice, the executive committee of the Nevada State Medical Association may designate 40 of its members to serve on the northern tentative screening panel and 60 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.

       3.  [The] For cases involving medical malpractice, the Nevada Hospital Association may designate 40 administrators of hospitals and other persons employed by hospitals in management positions to serve as nonvoting members of the tentative screening panels. Each person so designated shall serve for a term of 1 year.

       4.  For cases involving dental malpractice, the Nevada State Dental Association may designate 40 of its members to serve on the northern tentative screening panel and 40 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.

       Sec. 9.  NRS 41A.039 is hereby amended to read as follows:

       41A.039  1.  A claim of medical or dental malpractice is properly presented to a screening panel by filing a complaint with the division. A fee of $350 must accompany the complaint.

       2.  The complaint must contain a clear and concise statement of the facts of the case, showing the persons involved and the dates and circumstances, so far as they are known, of the alleged medical or dental malpractice. A screening panel may dismiss a complaint if the complaint is filed without an affidavit supporting the allegations of the complaint submitted by a medical expert.

       3.  The person against whom a complaint is made must, within 30 days after receipt of the complaint, file an answer with the division, accompanied by a fee of $350.

       4.  The claimant may respond only to the allegations of the answer or any accompanying affidavit by filing a written response with the division within 21 days after he receives the answer. The panel shall disregard any portion of the response that does not address an allegation raised in the answer or an affidavit accompanying the answer. No fee may be charged or collected by the division for the filing of the response.

       5.  A copy of any pleading required by this section to be filed with the division must be delivered by the party, by certified or registered mail, to each opposing party or, if he is represented in the proceedings by counsel, to his attorney.

       6.  The fees provided by this section must not be charged or collected more than once:

       (a) From any party; or

       (b) For the filing of any complaint, regardless of the number of parties joined in the complaint.

       Sec. 10.  NRS 41A.043 is hereby amended to read as follows:

       41A.043  1.  Within 35 days after the expiration of the time in which to answer the complaint of medical or dental malpractice, the division shall hold a conference to resolve any issues as to challenges for cause. For good cause shown, the division may continue the conference once, for a period not to exceed 7 days.


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ê1997 Statutes of Nevada, Page 623 (Chapter 203, SB 359)ê

 

conference once, for a period not to exceed 7 days. A party may challenge any person on the tentative screening panel for cause on any of the grounds provided by NRS 16.050 for the challenge of jurors.

       2.  The division shall determine whether cause exists to excuse any member of the tentative screening panel and shall notify each party of the excused members no later than the completion of the conference required by subsection 1.

       3.  Except as otherwise provided in this subsection, each party is entitled to not more than:

       (a) Three peremptory challenges from the list of attorneys [; and] in cases involving medical or dental malpractice;

       (b) Three peremptory challenges from the list of physicians [.] in cases involving medical malpractice; and

       (c) Three peremptory challenges from the list of dentists in cases involving dental malpractice.

In any case in which there are two or more claimants or respondents, they are collectively entitled to not more than six peremptory challenges from the list of members selected for the tentative screening panel. Each party asserting a peremptory challenge shall notify the division of the challenge at the conference required by subsection 1.

       4.  [The] In cases involving medical malpractice, the division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three physicians, three attorneys and, if a hospital is also named in the complaint, one administrator of a hospital or person employed by a hospital in a management position, to serve on the screening panel for review of a claim of medical malpractice, but the representative of a hospital may not vote on any claim before the screening panel.

       5.  In cases involving dental malpractice, the division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three dentists and three attorneys to serve on the screening panel for review of the claim.

       6.  The division shall notify the parties and the members selected to serve on the screening panel immediately after it has made the selections. If any member so selected declines to serve, the division shall immediately and randomly select a replacement from the list. The division shall not release or disclose to any person the names of the members selected.

       [6.] 7.  If, because of the exercise of challenges for cause or peremptory challenges or any other reason, no attorney, dentist, physician or administrator of a hospital designated pursuant to NRS 41A.023 remains available to serve on the screening panel, the division shall immediately notify the Nevada Trial Lawyers Association, the Nevada State Medical Association , the Nevada State Dental Association or the Nevada Hospital Association, as appropriate, and that association shall immediately designate a replacement from among its members.


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ê1997 Statutes of Nevada, Page 624 (Chapter 203, SB 359)ê

 

its members. No person who is not so designated may serve on the screening panel.

       Sec. 14.  NRS 41A.056 is hereby amended to read as follows:

       41A.056  1.  If the screening panel finds in favor of the claimant and a cause of action involving medical or dental malpractice is thereafter filed in district court, a conference for settlement must be held as provided in NRS 41A.059.

       2.  If the determination is not in favor of the claimant, the claimant may file an action in court. If the claimant does not obtain a judgment in his favor in court, the defendant must be awarded reasonable costs and attorney’s fees incurred after the date of filing the action in court.

       3.  If the screening panel is unable, for any reason, to reach a decision, the claimant may file a civil action or proceed no further with the complaint.

       4.  If the claimant files a civil action in district court, a person may not be named as a party in the action unless the person was named as a party in the complaint which was filed with the division and considered by the screening panel.

      2.  Chapter 621, Statutes of Nevada 1995, at page 2352, is hereby amended by adding thereto a new section to be designated as section 20, immediately following section 19, to read as follows:

       Sec. 20.  Sections 7, 9, 10 and 14 of this act become effective at 12:01 a.m. on October 1, 1995.

      Sec. 52.  1.  Sections 3, 5 and 10 of chapter 623, Statutes of Nevada 1995, at pages 2354, 2355 and 2357, respectively, are hereby amended to read respectively as follows:

       Sec. 3.  A charitable organization may sell a vehicle which has been donated to the organization without complying with the provisions of subsection 1 of NRS 482.322 if:

       1.  No member, director, officer, employee or agent of the charitable organization has a pecuniary interest in the sale of the vehicle; and

       2.  The charitable organization ensures that the insurance required pursuant to NRS 485.185 is provided for that vehicle until it is purchased.

       Sec. 5.  NRS 482.010 is hereby amended to read as follows:

       482.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, [and] section 2 of Assembly Bill No. 352 of this session , section 2 of chapter 625, Statutes of Nevada 1995, and section 2 of this act, have the meanings ascribed to them in those sections.

       Sec. 10.  1.  Sections 7 and 8 of this act become effective at 12:01 a.m. on October 1, 1995.

       2.  Section 5 of this act becomes effective at 12:02 a.m. on October 1, 1995.


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ê1997 Statutes of Nevada, Page 625 (Chapter 203, SB 359)ê

 

      2.  Chapter 623, Statutes of Nevada 1995, at page 2357, is hereby amended by adding thereto a new section to be designated as section 9.5, immediately following section 9, to read as follows:

       Sec. 9.5.  Section 5 of chapter 624, Statutes of Nevada 1995, at page 2359, is hereby amended to read as follows:

      Sec. 5.  NRS 482.010 is hereby amended to read as follows:

      482.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, section 2 of Assembly Bill No. 352 of this session, section 2 of chapter 625, Statutes of Nevada 1995, section 2 of chapter 623, Statutes of Nevada 1995, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 53.  Section 6 of chapter 624, Statutes of Nevada 1995, at page 2359, is hereby amended to read as follows:

       Sec. 6.  NRS 482.280 is hereby amended to read as follows:

       482.280  1.  The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The department shall mail to each holder of a certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present the application to any agent or office of the department.

       2.  An application mailed or presented to the department or to a county assessor pursuant to the provisions of this section, or presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281 must include:

       (a) A signed declaration by the applicant that he has and will maintain, during the period of registration, insurance as required by NRS 485.185. Insurance may be provided by an operator’s policy of liability insurance if the applicant and the policy meet the requirements of NRS 485.186 and 485.3091.

       (b) If required, evidence of compliance with standards for control of emissions.

       3.  The department shall insert in each application mailed pursuant to subsection 1 [the] :

       (a) The amount of privilege tax to be collected for the county pursuant to the provisions of NRS 482.260.

       (b) The amount set forth in a notice of nonpayment filed with the department by a local authority pursuant to section 7 of this act.

       4.  An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.


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ê1997 Statutes of Nevada, Page 626 (Chapter 203, SB 359)ê

 

operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.

      Sec. 54.  1.  Sections 3 and 5 of chapter 630, Statutes of Nevada 1995, at pages 2388 and 2401, respectively, are hereby amended to read respectively as follows:

       Sec. 3.  Sections 208, 232, 380 and 386 of Senate Bill No. 416 of this session are hereby amended to read as follows:

      Sec. 208.  NRS 176.185 is hereby amended to read as follows:

      176.185  1.  Whenever [any person has been] a person is found guilty in a district court of a crime upon verdict or plea, [the court,] except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the [defendant] person is found to be a habitual criminal pursuant to NRS 207.010 , [or] a habitually fraudulent felon pursuant to section 2 of Assembly Bill No. 570 of this [act, may by its order] session or a habitual felon pursuant to section 180 of this act, the court:

      (a) If the person is found guilty of a category E felony, shall suspend the execution of the sentence imposed and grant probation to the [convicted] person pursuant to NRS 193.130; or

      (b) If the person is found guilty of any other felony, a gross misdemeanor or a misdemeanor, may suspend the execution of the sentence imposed and grant probation as the [judge thereof] court deems advisable.

      2.  In determining whether to place a person on probation, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to sections 197 to 204, inclusive, of this act.

      3.  The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.

      [2.] 4.  If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.

      [3.  The district judge]

      5.  The court shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the [judge] court receives a written report from the chief parole and probation officer.


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ê1997 Statutes of Nevada, Page 627 (Chapter 203, SB 359)ê

 

probation officer. The chief parole and probation officer shall submit a written report not later than [30] 45 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within [30] 45 days the district judge may grant probation without the written report.

      [4.] 6.  If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

      Sec. 232.  NRS 213.005 is hereby amended to read as follows:

      213.005  As used in NRS 213.010 to 213.100, inclusive, and section 231 of this act, unless the context otherwise requires:

      1.  “Board” means the state board of pardons commissioners.

      2.  “Victim” includes:

      (a) A person , including a governmental entity, against whom a crime has been committed;

      (b) A person who has been injured or killed as a direct result of the commission of a crime; or

      (c) [The surviving spouse, parents or children of such a person.] A relative of a person described in paragraph (a) or (b). For the purposes of this paragraph, a “relative” of a person includes:

             (1) A spouse, parent, grandparent or stepparent;

             (2) A natural born child, stepchild or adopted child;

             (3) A grandchild, brother, sister, half brother or half sister; or

             (4) A parent of a spouse.

      Sec. 380.  Section 1 of Assembly Bill No. 396 of this session is hereby amended to read as follows:

      Section 1.  NRS 176.185 is hereby amended to read as follows:

      176.185  1.  [Whenever] Except as otherwise provided in this section, whenever a person is found guilty in a district court of a crime upon verdict or plea, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to section 2 of Assembly Bill No. 570 of this session or a habitual felon pursuant to section 180 of [this act,] Senate Bill No. 416 of this session, the court:

      (a) If the person is found guilty of a category E felony, shall suspend the execution of the sentence imposed and grant probation to the person pursuant to NRS 193.130; or

      (b) If the person is found guilty of any other felony, a gross misdemeanor or a misdemeanor, may suspend the execution of the sentence imposed and grant probation as the court deems advisable.


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ê1997 Statutes of Nevada, Page 628 (Chapter 203, SB 359)ê

 

sentence imposed and grant probation as the court deems advisable.

      2.  In determining whether to place a person on probation, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to sections 197 to 204, inclusive, of [this act.] Senate Bill No. 416 of this session.

      3.  The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.

      4.  If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.

      5.  The court shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the court receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 45 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within 45 days the district judge may grant probation without the written report.

      6.  If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

      Sec. 386.  Sections 2 and 4 of Assembly Bill No. 93 of this session are hereby amended to read as follows:

      Sec. 2.  NRS 209.429 is hereby amended to read as follows:

      209.429  1.  The director [may, at the request of an offender who has:

      (a) Established a position of employment in the community; and

      (b) Successfully completed the initial period of rehabilitation required under the program of treatment established pursuant to NRS 209.425,

assign the] shall assign an offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of the maximum term of his sentence [.]


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ê1997 Statutes of Nevada, Page 629 (Chapter 203, SB 359)ê

 

to NRS 213.380, for not longer than the remainder of the maximum term of his sentence [.] if:

      (a) The offender has:

             (1) Established a position of employment in the community;

             (2) Enrolled in a program for education or rehabilitation; or

             (3) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime;

      (b) The offender has successfully completed the initial period of treatment required under the program of treatment established pursuant to NRS 209.425; and

      (c) The director believes that the offender will be able to:

             (1) Comply with the terms and conditions required under residential confinement; and

             (2) Complete successfully the remainder of the program of treatment while under residential confinement.

If an offender assigned to the program of treatment pursuant to NRS 209.427, completes the initial phase of the program and thereafter refuses to enter the remainder of the program of treatment pursuant to this section, the offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before this refusal, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.

      2.  Before a person may be assigned to serve a term of residential confinement pursuant to this section, he must submit to the division a signed document stating that:

      (a) He will comply with the terms or conditions of his residential confinement; and

      (b) If he fails to comply with the terms or conditions of his residential confinement and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

      3.  If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

      (a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department of prisons.

      (b) The offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding forfeiture of credits is final.


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ê1997 Statutes of Nevada, Page 630 (Chapter 203, SB 359)ê

 

      4.  The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:

      (a) A continuation of his imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, an assignment to a facility of the department of prisons,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.

      5.  A person does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, and section 3 of this act, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 4.  NRS 213.371 is hereby amended to read as follows:

      213.371  As used in NRS 213.371 to 213.410, inclusive, and section 3 of this act, unless the context otherwise requires:

      1.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

      2.  “Offender” means a prisoner assigned to the custody of the division pursuant to NRS 209.429 or section 27 of [this act.] Assembly Bill No. 317 of this session.

      3.  “Residential confinement” means the confinement of an offender to his place of residence under the terms and conditions established by the division.

      Sec. 5.  Sections 2, 5, 11, 15 to 19, inclusive, 26 and 28 of Assembly Bill No. 393 of this session are hereby amended to read as follows:

      Sec. 2.  1.  In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or p